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

Regulatory Authority Atomic Energy Act -1954 (AEA) Authorizes the self regulation of the Agency including safety and health. Occupational Safety and Health Act – 1970 Section 4(b)(1) specifically exempts agencies under AEA if they exercise their statutory authority National Defense Authorization Act - 2003 (NDAA) Congress amended the AEA adding Section 234C requiring DOE to promulgate a S&H rule for contractors Department of Energy exercises its authority to regulate the safety and health of its workers Some DOE sites Not under AEA are covered by OSHA i.e. Power Administrations, Federally Operated Facilities (NETL) 1992 DOE/OSHA MOU lists sites

OSHA Covers all workers except: Federal employees Executive Order 12196 and 29 CFR 1960 requires Agencies to have a S&H program that meet OSHA requirements. OSHA monitors federal agencies and responds to workers' complaints. State and local governments May have OSHA approved state plans to cover private sector employees Government employees may not be covered Self-employed Workplace Hazards regulated by other Federal agency (i.e., Mine Safety and Health Administration, Federal Aviation Administration, Coast Guard).

Worker Safety and Health: OSHA vs. DOE Agency Legislation Agency Legislation OSHAct 1970 NDAA 2003 DOL DOE Responsible Organization Responsible Organization Standards Standards OSHA 29 CFR … AU 10 CFR 851 Consensus Standards (in place in 2005) ACGIH TLV (2005) OSHA Standards DOE Directives, Rules, and Technical Standards 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 440.1

Workforce and Policy DOE Workforce Federal Employees Contractor Employees DOE Worker Safety and Health Policies Rules Directives Technical Standards* National Consensus Standards* *When incorporated by Reference

Rules – 10 CFR … Administrative Procedures Act (APA) of 1946 (5 U.S.C. §551 et seq.) “Notice and Comment” Must provide information on exactly what will be required i.e., specific dated consensus standard Take precedence over directives Applicable Rules Include 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 if included in Scope and Applicability 10 CFR 835 (contractors and feds.) vs. 10 CFR 851 (contractors only) May incorporate: Other Federal Agency Standards National Consensus Standards DOE Directives and Standards

Department of Energy Acquisition Regulations (DEAR) 48 CFR 970.5204-2 Laws, Regulations and DOE Directives ‘A’ List ‘B’ List Sub-Contractor Flow down 952.223-76, Conditional payment of fee … protection of Worker S&H up to 26% reduction 970.5223-1, Integration of Environment, Safety and Health into Work Planning ISM

*Contractor Requirements Document (CRD) Directives DOE O 251.1C, Departmental Directives Program Policy High Level Contains No Requirements Notice Limited Life May Contain Requirements and CRDs* Orders Contain Requirements and may contain 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 .

Technical Standards DOE O 252.1A, Technical Standards Program Provide Additional Technical requirements and Information Standards – May contain Requirements Handbooks – Contain NO Requirements Developed when no National Consensus Standard Exists Required only if Incorporated by Reference in DOE Rules or Directives Can include “Shall” and “Should” statements “Shall” 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 820 10 CFR 835, Radiological Safety Issued by AU DOE O 251.1C 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

Scope of DOE Worker Safety and Health Policies Cover wide range of activities   Worker Safety and Health: 10 CFR 851 (Contractors Only) – Worker Safety and Health Program O 440.1B (Federal Employees Only) – Worker Safety and Health Program NOTE: These include the OSHA requirements contained in 29 CFR Except radiological safety 10 CFR 850 – Chronic Beryllium Disease Prevention Program 10 CFR 835 - Occupational Radiation Protection 10 CFR 707 (Contractors Only) – Workplace Substance Abuse Program P 434.1 – Conduct and Approval of Select Agent and Toxin Work P456.1 – Secretary Policy Statement on Nanoscale Safety O456.1 – The Safe Handling of Unbound Engineered Nanoparticles

DOE Worker Safety and Health Rules and Directives Integrated Safety Management: P 450.4A - Integrated Safety Management Policy O 450.2 - Integrated Safety Management O 426.1 – Federal Technical Capabilities  Federal Oversight: P226.2* – Policy for Federal Oversight and Contractor Assurance Systems O 226.1B – Implementation of Department of Energy Oversight Policy 5 Guides 31 Technical Standards * Joint MA and AU Policy

Consensus Standards – Which Version? Some of these commenters recommended eliminating the specific edition dates of the consensus standards, while others offered an alternative recommendation that DOE indicate ‘‘latest revision’’ in lieu of the specific year. Regulatory requirements must be specific and include the editions of incorporated standards. Therefore, DOE cannot accept the suggestion of requiring compliance with the ‘‘latest revision’’ of standards that are incorporated by reference. The standards included in this final rule are consistent with those mandated under DOE Order 440.1A. While contractors must meet the standards listed in section 851.23(a), they are free to comply with more recent editions of the standards as long as the provisions of the more recent standards are at least protective as the edition specified

Office of Health and Safety: Worker Safety and Health Policy: More Information Office of Health and Safety: http://www.energy.gov/ehss/services/worker-health-and-safety Worker Safety and Health Policy: http://www.energy.gov/ehss/worker-safety-and-health