DOE Worker Safety and Health Policy How Does It All Fit Together?

Worker Safety and Health: OSHA vs. DOE Agency Legislation AgencyLegislation Responsible Organization Standards DOL OSHAct 1970 DOE NDAA 2003 OSHA 29 CFR … AU 10 CFR 851 Employment performed in a workplace Excludes DOE Consensus Standards (in place in 1970) ACGIH TLV (1968) OSHA Developed Standards DOE Contractors Sub-Contractors NOTE: DOE Federal Employees Covered under DOE O Consensus Standards (in place in 2005) ACGIH TLV (2005) OSHA Standards DOE Directives, Rules, and Technical Standards Responsible Organization

Worker Safety and Heath Policies Department of Energy Acquisition Regulations (DEAR) Rules Directives Technical Standards National Consensus Standards

Department of Energy Acquisition Regulations (DEAR) 48 CFR Laws, Regulations and DOE Directives ‘A’ List ‘B’ List Sub-Contractor Flow down Conditional payment of fee … protection of Worker S&H up to 26% reduction Integration of Environment, Safety and Health into Work Planning ISM

DOE Rules – 10 CFR … Administrative Procedures Act (APA) of 1946 (5 U.S.C. §551 et seq.) “Notice and Comment” Only Federal Staff sees document prior to being Published in the Federal Register as a NOPR Must provide information on exactly what will be required i.e., specific dated consensus standard Rules Includes All Rules DOE and Other Federal Agencies 29 CFR (DOL), 40 CFR (EPA) 42 CFR 73, 7 CFR 331, 9 CFR 121 (HHS, USDA – BioAgents) Must be followed even if not included in Contract (A-List) May incorporate: Other Federal Agency Standards National Consensus Standards DOE Directives and Standards Scope and Applicability

DOE Directives DOE O 251.1C, Departmental Directives Program Policy High Level Contains No Requirements Notice Limited Life May Contain Requirements and CRDs Orders Contains Requirements and CRDs Guides Can not Contain any requirements or be incorporated by reference in Directives Contractor Requirements Document (CRD) Generally mirror Federal Requirements Apply Only if in Contract

DOE Technical Standards DOE O 252.1A, Technical Standards Program Technical Standards Handbooks Developed when no National Consensus Standard Exists May be incorporated in DOE Rules or Directives Can include “Shall” and “Should” statements “Shall’s” become requirements If the standard is included in a contract or if it is a part of the approved Worker Safety and Health Program Role of AHJ – when included in the standard

Variations from Policy Exemptions 10 CFR CFR 835, Radiological Safety Issued by AU DOE O 252.1C DOE Directives Variances 10 CFR 851 Approved by Under Secretary Following Recommendation by AU Interpretations – Only issued by GC Technical Clarifications SME Review Issued by AU Worker Safety and Health Response Line SME Opinions