Worker Safety & Health Rule for DOE and DOE Contractors Ben McRae Office of General Counsel U.S. Department of Energy

2 Bob Stump National Defense Authorization Act  Atomic Energy Act Amended  Section 234C, December 2, 2002  General requirement:  Secretary of Energy must promulgate regulations for industrial and construction health and safety at DOE facilities that are operated by contractors covered by agreements of indemnification

3 WSH Legislative Requirement  General requirements continued:  Regulations must provide a level of protection for workers at such facilities that is substantially equivalent to the level of protection currently provided to workers at such facilities

4 WSH Legislative Requirement Applicability: The promulgated regulations must not apply to any facility that is a component of, or any activity conducted under, the Naval Nuclear Propulsion Program

5 WSH Legislative Requirement Regulation Flexibility: Tailor implementation of such regulations to reflect activities and hazards associated with a particular work environment Take into account special circumstances at a facility that is, or expected to be, permanently closed and/or demolished, or titled to be transferred to another entity for reuse

6 WSH Legislative Requirement Regulation flexibility continued Achieve national security missions of the DOE in an efficient and timely manner

7 WSH Legislative Requirement Violations of WSH Rule Civil Penalties Not more than $70, for each violation Continuing Violations- Each day of the violation constitutes a separate violation Contract Penalties Reduction in fees or amount paid to contractor for violation

8 WSH Legislative Requirement Choice of Penalties Civil or Contract, not both for violation Maximum Amount Nonprofit contractors-- Total amount of civil or contract penalties cannot exceed the total amount of fees paid by DOE in a fiscal year

9 WSH Legislative Requirement Deadline for Promulgating Rule: Not later than one year after the date of the enactment of the legislation Rule Effective Date: One year after the promulgation date of the regulation

10 WSH Legislative Requirement

11 WSH Legislative Requirement