Is that Visitor/Vendor Actually a Contractor?

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In this episode, Joe and George break down a question manufacturing facilities have to navigate all the time: is that company a vendor, or are they  a contractor?

At first, the answer may seem simple. Someone comes on site to check fire extinguishers, service AEDs, inspect pest control stations, look at equipment, or provide a quote. But the classification can change quickly depending on what they are actually doing, where they are going, whether they are accompanied, and whether they begin performing work.

The episode walks through real-world examples including fire extinguisher inspections, equipment reps, pest control services, first aid kit servicing, AED checks, lockout/tagout situations, restricted access areas, ammonia compressor rooms, MCC rooms, production areas, rooftops, and weekend work. The key message is that a person may enter the facility as a visitor or vendor, but once they start servicing equipment, applying chemicals, directing work, entering restricted areas alone, or performing hands-on tasks, they may need to be treated as a contractor.

This matters because contractor status usually requires more than a visitor sign-in sheet. It may involve contractor orientation, proof of insurance, site-specific safety training, GMP training, ammonia awareness, lockout/tagout coordination, PPE requirements, restricted-access controls, and a clear understanding of the scope of work.

The conversation also highlights one of the biggest risk areas: scope creep. A vendor may arrive just to “take a look,” but then someone asks them to service the equipment, troubleshoot the problem, perform a quick repair, spray chemical, check a hard-to-reach station, or show employees how to complete a task. That change can shift the safety, training, and liability picture fast.

The goal of this episode is not to replace your company policy, but to help safety leaders, maintenance managers, plant managers, food safety teams, and operations teams recognize when they need to stop and ask: Did this person just become a contractor?

Key Points Covered

Vendor vs. contractor classification can change during the visit.
Someone may arrive as a vendor, visitor, sales rep, or inspector, but their status can shift once they begin performing work, entering restricted areas, servicing equipment, or directing employees.

Restricted access areas matter.
MCC rooms, compressor rooms, rooftops, maintenance areas, production zones, wastewater areas, and other higher-risk locations may require additional controls, training, or escort requirements.

Being unaccompanied changes the risk.
A visitor/vendor typically should not be wandering the facility alone, especially if they have not received the proper plant-specific training or orientation.

Scope of work is the deciding factor.
Looking at equipment, providing a quote, or attending a meeting may be vendor activity. Servicing equipment, drilling holes, applying chemicals, locking out equipment, or directing work may move the person into contractor status.

Lockout/tagout is a major trigger.
Once someone needs to lock out equipment or place their hands into equipment to service or troubleshoot it, they are likely no longer functioning as a basic visitor or vendor.

Food plants have added concerns.
GMPs, food safety protocols, sanitation rules, chemical controls, production-area access, pest control activity, and foreign material concerns can all affect whether someone needs additional training or contractor controls.

Chemical use can change classification.
A pest control representative giving a quote may be a vendor. A pest control technician spraying chemicals inside or outside the plant is performing work and should likely be handled as a contractor.

Routine visits do not eliminate the need for controls.
Just because someone comes every month does not mean they can automatically move through the facility unaccompanied without the right classification, training, or access control.

Directing work creates liability concerns.
Even when an outside rep does not physically touch the equipment, they may become more than a visitor if they are instructing plant employees how to run, test, troubleshoot, or safely service something.

Weekend and “quick job” work deserves extra attention.
The episode emphasizes Saturday, Sunday, off-shift, and “it’ll only take 15 minutes” scenarios because that is when scope changes are often missed.

Episode Transcript

SPEAKER_00 (00:00):
This week's episode, is it this week or this month?
I don't know.
This episode is going to beover.
Is that person a vendor or arethey really a contractor?
Yeah.
George Joe.
That's this week.
All right.
Welcome back, everybody.

(00:21):
That's George.
It's Joe.
This week is about is thatperson a vendor or a contractor?
We get asked that all the time.
Because it can change the jobthey're doing.
It could change what they'redoing that day.
It could change by multiplethings.
But we set them up as a vendor.

SPEAKER_01 (00:35):
Right.

SPEAKER_00 (00:35):
Because the first time they came in, maybe they
were just a visitor vendor,right?
Absolutely.
So we'll we'll do a couple ofthem here.
You ready?
First one is in the fireextinguisher person.
I want to walk around, checkfire extinguishers.
Those who don't know have a firebackground.
So that's pretty common.
I'm like, yep, where could theybe?
So I'm going to be a vendor.
I'm going to go to the location,you know, stamp the little card.

(00:57):
I'm going to make sure they lookgood and all that.
I'm kind of a vendor at thatmoment.
Right.

SPEAKER_01 (01:02):
So uh are you being accompanied by anybody?

SPEAKER_00 (01:06):
No way.
Because I'm just walking aroundmyself because you don't have
time.
So what areas of the plant doyou need to go to?
Well, I need to go where there'sa fire extinguisher because
you're paying me perextinguisher.
Okay.
So I'm trying to get all theyields I can.

SPEAKER_01 (01:16):
Right.
And in all my plants only I haveuh MCCs or electrical rooms?
Yeah, probably.
Are you allowed to be in thereby yourself?
I'm allowed to be in there ifyou give me the key to go in
there.
Okay, so those are usuallyrestricted access areas.
Well, not if I have a key.
Well, I'm a vendor.
How do you have a key if you'rejust a vendor?
I don't know.
That's a you issue.
Well, we typically don't giveaccess to those people unless

(01:37):
they're going to be doing somekind of contracted work in that.
Okay, so I'm a contractor now?
Potentially, yeah.
But what if I have to go likethe compressor room?
Same thing.
You're around a very highlyhazardous process that's very
restricted to access, so youshouldn't be in there
unaccompanied.

SPEAKER_00 (01:50):
Okay.
So what do I do now?
Do I have to be accompanied?

SPEAKER_01 (01:53):
Well, you should be a also depends on the scope of
work, right?
Are you just going around andlooking at things and you're
accompanied by somebody?
Are you putting some hands onsomething?
You might not be a vendor atthat point.
You might not be a visitor.

SPEAKER_00 (02:04):
Well, I may have to drill holes in the wall to hang
in a fire extinguisher.
And you're not a visitor vendornow, you're probably a contract.
All right.
Do I have to have any kind oftraining since I'm a contractor?
A lot more training.
Like, do I have to have ammoniaawareness if I'm in monumental?

SPEAKER_01 (02:16):
Ammonia awareness.
And then depending on which areaof the plant you're going to as
well, right?
There's also GMPs, there's otherthings like for our food plants.
And you can't just be goingaround anywhere by yourself if
you're doing, you know, yourscope works a lot bigger.

SPEAKER_00 (02:28):
Okay.
Because I thought I was avendor.

SPEAKER_01 (02:31):
Well, that's maybe starting to do that.

SPEAKER_00 (02:33):
It's going to cost me a lot more to have insurance
to be a contractor.
So that's a little loophole,right?
That a lot of people don't quiterealize is it takes a lot of
time.

SPEAKER_01 (02:41):
Yeah, I have to have a certain level of insurance.
I have to have certain training.

SPEAKER_00 (02:44):
And now I gotta figure out who I can send
because I can't just send therecord person.

SPEAKER_01 (02:47):
Right.
Quite simply from a plantstandpoint, I have to do a lot
more training for you to makesure that you're good to go
before I cut you loose becausenow you're not just a visitor
vendor, now you're a contractor.

SPEAKER_00 (02:57):
All right, so fire extinguisher.
That's one of them.
All right, so let's think ofanother one here.
Uh let's talk about a rep.
So I'm a rep and I'm going tocome service a piece of
equipment in your plant.
But all I'm really gonna do islook at it today.
My vendor?
You're a vendor.
You decided, since I'm there andyou already paid me to be there,

(03:17):
how to look at it, see what itlooks like, and I think there's
something wrong with it.
What if I want to service it ortouch it in my vendor or
contractor?

SPEAKER_01 (03:26):
At that point, you're no longer a visitor
vendor.
At that point, you'd probably beconsidered a contractor.
What about for lockout tag out?
So again, do you need to lockthat piece of equipment out?

SPEAKER_00 (03:34):
Well, yeah, I'm not gonna stick my arm in it and
service it.

SPEAKER_01 (03:36):
So am I putting my hands on the piece of equipment
I'm actually servicing?
Okay.
Actually, am I performing anykind of uh a training function
where I'm actually showingsomebody how to service this
piece of equipment?
Well, probably because you guysask me every time I'm here, can
I show you the new ideas aboutit?
Then it's no longer just avisitor vendor, right?
You're actually directing work,you're showing somebody how to
do something.
I might be actually putting myhands on something.
So there's other training thatneeds to go into that.

(03:58):
But I'm not a vendor now.
You're not a visitor vendor.
Okay.
But you came in as one.

SPEAKER_00 (04:02):
I did that morning because you told me you just
wanted me to look at it.

SPEAKER_01 (04:06):
I just made you sign a visitor vendor form if I if
there was any kind of anawareness training, but it's
usually fairly minimal for acontractor, right?
It's usually a whole packet.
And then there's usually somekind of proof of insurance,
proof of training for myemployees.
So it goes a little bit more indepth.

SPEAKER_00 (04:20):
Okay.
I'm gonna think here, uh I owneda pesticide business because
that's easier.
And I'm gonna go check thelittle boxes or do some
spraying.
I may spray on the weekends toget rid of some of the bugs.
I'm a vendor.

SPEAKER_01 (04:37):
Not if you're performing work.

SPEAKER_00 (04:39):
What if I have a backpack and I'm spraying
chemical inside the plant?

SPEAKER_01 (04:42):
Yeah, you're performing work, right?
You're not just coming to geteyes on something, you're not
accompanied by a member or arepresentative of the facility.
Okay.
You know, especially if you'regonna be by yourself and
performing work, you're acontractor.
What if I spray chemicaloutside?
I'm not inside the plant.
It's still on the premises.
Right?
If I'm on the property and youknow ABC company is paying me to
be there, then I'm still on ABCproperty.

(05:02):
I still have to have acontractor packet.
What if I'm gonna walk aroundand just check my mouse traps?
Well, that's still in your scopeof work, right?
Because if I find a rodent orsome kind of a pest, I have to
dispose of that pest properly.
Right.
So I'm still performing work,it's still within my scope of
work because that's what youhired the pest control company
to do.

SPEAKER_00 (05:18):
Okay.
So you're saying when I startedadding the chemicals or the
crazy stuff that it couldchange.

SPEAKER_01 (05:23):
Oh, of course.
So if I brought a rep in to giveme a quote and we talked about
pest control, and I'm maybesourcing different quotes and
all that good stuff, that's avisitor vendor.
Right.
But once I actually hire you andyou come in and do some work for
me, now you're a contractor.
But I'm by myself or am I withsomebody now?
You should be a company, but ifyou're a contractor.
I don't have time for that.
And you don't have time forthat.
It depends on the contractor,too.

(05:43):
There are some that if theyalready know their scope of
work, but for the most part,visitor vendor has to be a
company the entire time.

SPEAKER_00 (05:48):
Especially if I come there every month.
Come on, man.

SPEAKER_01 (05:50):
I'm here every month, you know me.
Right.
But if it's a if it's a visitorvendor, it doesn't matter.
You have to be a company theentire time.
Contractors, it's a little bitmore.

SPEAKER_00 (05:58):
So if I'm going to be by myself, basically, I've
got to have the training forawareness.
I got to train because where Icould be, I may have to wear
high viz in certain parts of theplant.
I'm outside because I'm aroundtrucks, especially if I'm
outside checking housetraps.
Right.
I maybe I may be aroundwastewater, all these weird
things you don't think about.
Wherever the mice are, I'm gonnago look for them.

SPEAKER_01 (06:17):
And then also GMPs, right?
Are they gonna be around anykind of production area?
Do they have to follow some sortof GMPs or some sort of food
safety protocols?
And uh again, a vendor shouldnot be out there by themselves
and they haven't received thattraining, haven't received that
packet, they don't know allthose nuances.

SPEAKER_00 (06:32):
So okay.
So we decided now, my newcompany, let's just say we want
to be first aid whatever.
I wash AED inspection company.
Okay, we're gonna service firstaid kits all through the plant.
I'm a vendor.
No, yes, I am not if you'reservicing because all I'm doing

(06:53):
is walking around and puttingpills in a box or band-aids in a
box.

SPEAKER_01 (06:58):
And I just a vendor.
So visitor vendor in that casewould be when you first came on
site and we're maybe trying topitch a quote, pitch a service,
and then also, hey, how arethings going?
I'm just checking in on you.
When I actually send a rep outto do work and they're actually
servicing these first aid CPRkits or my AED kits, and now
they could be alone in thefacility in different areas of
the facility, it's no longervisitor vendor.

SPEAKER_00 (07:19):
Now, for those on this episode, what you'll see
some plants do is you will seethem say, Go to the safety
office or the medical station ornurses station, whatever, and a
lot of them will be there.
Well, now they're visitor vendorbecause they're servicing right
there in that room.
Somebody's with them basically.
Yep.
And then we're not going to thatsecret closet in the back of

(07:41):
maintenance shop next to weldingwith that one small kit sets by
myself.
Yep.

SPEAKER_01 (07:47):
You know, I'm or an MCC or a roof or any of those
weird places where it could be ahighly hazardous process and we
shouldn't have anybody therewithout that.
That makes sense.
Being accompanied by a member ofthe of the of the company.

SPEAKER_00 (07:58):
So I've decided on my company that we're gonna
branch out.
Okay.
So branching out means that I'mgoing to do all the service work
when I'm there as a visitorvendor, whatever you want to
call it.
What would make me during theday or during the weekend flip

(08:19):
now into contractor mode?
So give me like a couple thingsthat I mean, like you said, lock
out tag out.
So once I start needing to lock,I start locking something out,
that should be a control thatyou know what, it's Saturday,
but you're really not a vendor,you just switched over.

SPEAKER_01 (08:34):
Right.
So you're not you're no longerjust in there having a meeting
in a conference room.
We actually went down to thefloor to look at the piece of
equipment, and now you mighthave to lock it out because
you're actually gonna work onit.
I'm actually putting my handsin, you know, somewhere I can
get hurt, and that that'schanging the scope.

SPEAKER_00 (08:47):
What if what if I need to do a test run and I
don't touch it and you do allthe stuff for me?

SPEAKER_01 (08:52):
You're starting to get in some murky waters there.

SPEAKER_00 (08:54):
So am I directing your work?
Yeah, exactly.
Right.

SPEAKER_01 (08:57):
So now I might I might not be getting my hands
physically inside of it, but I'mdirecting work.
So the same thing with thetraining function.
I'm actually directing some kindof work, and I'm saying that I'm
the one that's actually doingthis as a as a representative of
my company.
So now from your companystandpoint, that's no longer a
visitor vendor.
Now that could potentially be acontractor.

SPEAKER_00 (09:13):
Right, because basically what that person's
doing at that moment is tellingyou how to do it a certain way
to not get hurt.
Right.
So now you're talking aboutliability transfer, also.
It's no longer me just lookingat it and say it's good or bad.
Yep.
I'm actually saying if you dothis this way, you don't get
hurt.
If you don't do it this way, youcould get hurt.
You are directing work andyou're changing that liability

(09:34):
risk for that employee.

SPEAKER_01 (09:35):
Right.
And the whole reason they bringyou in is because you might be
the SME, right?
You might be the subject matterexpert.
And so they're relying on yourexpertise and your knowledge to
properly guide them.
And in that case, you're nolonger just a visitor vendor.

SPEAKER_00 (09:47):
Absolutely.
So that is our episode today,real quick.
Difference between a vendor,difference between a contractor,
and how they switch.
These are our opinions.
Your company has policies, youhave standards, but these are
things to look for when you goback to your business to make
sure you're classifying thatperson in the right category,
not Monday through Friday, butduring the weird times like a

(10:07):
Saturday, Sunday, or that 15minutes, let me go service it
real quick, and it just changedyou and you didn't capture that.
Right.

SPEAKER_01 (10:13):
Because we never we never want anybody to get hurt
or have an accident or anythingalong those lines.
But in the off chance thatsomething happens on that
Saturday or Sunday, right?
Does that person are they avisitor vendor or what should
they have been a contractor?
Right.
And there's other things thatpotentially fall into that.

SPEAKER_00 (10:27):
Thank you all for listening.
Don't forget, we haveeverything.
We have an Amazon store, we havea website with merchandise, you
want to support the channel.
When we went to our first kindof real big jobs, came safety,
and we didn't have a lot ofbackground and how to really do
it.
And there wasn't this uhplatform available for us.
So that's where it comes from.
This idea is still about givingus some education tools to know

(10:50):
how to look at it so we can belike, and it's not maybe it
answers all the questions, butit makes you go, I need to go
ask about this because I'm notsure.
That's that that's the goal ofall these.
So thank you everyone forlistening until next time.