10 CFR 851 Worker Safety and Health Program Overview

Worker Safety and Health Program 10 CFR 851 Brief History December 2, 2002 – 107 th Congress Amends AEA Adding Section 234.C December 18, Notice of Proposed Rulemaking February 27, Notice Suspended January 26, Supplemental Notice Published February 9, Final Rule Published

AEA - Section 234C Secretary of Energy Shall Promulgate Regulations for Industrial and Construction Safety and Health Provide a level of protection that is substantially equivalent to that currently provided. Flexibility Tailor to Reflect Activities and Hazards Special Circumstances National Security Penalties Civil Penalties up to $70,000 for each Violation, or Contract Penalties

Current Level of Protection DOE Order 440.1A, “Worker Protection Management for DOE Federal and Contractor Employees” Written safety and health program Comply with worker protection standards OSHA, NFPA, ANSI and ACGIH Comply with requirements for functional areas Construction safety, Fire protection, Firearms safety, Explosives safety, Industrial Hygiene, Occupational medicine, Pressure safety, and Motor vehicle Non Mandatory Contract requirement Negotiable (‘B’ List)

10 CFR 851- General Provisions Scope Contractor activities at DOE Exclusions Sites Regulated by OSHA Navy Nuclear Propulsion Radiological Hazards (10 CFR 835) Transportation To and From DOE sites

General Duty Provide a place of employment free from recognized hazards that have the potential to cause death or serious physical harm Work is Performed in Accordance with Worker Safety and Health Program

Worker S&H Program Requirements - I Written Safety and Health Program Approved by Head of DOE Field Element Submitted by February 26, 2007 Copy Sent to Chief Health, Safety and Security Officer Give Labor Organization Timely Notice Must be Approved by May 25, 2007

Worker S&H Program Requirements - II Written Safety and Health Program Describe How Contractor Will Comply with Requirements of Subpart C May Use ISM or WSS as the basis for their WS&H Program Integrate Requirements with other Site Worker Protection Activities Integrate with ISMS No Work if NOT Approved by May 25, 2007

Subpart C Program Requirements Overview - I Management and Worker Responsibilities Same as DOE O 440.1A Hazard Identification Assess Exposures to Chemical, Physical, Biological and Safety Hazards Closure Facility Hazards and Controls Hazard Prevention Hierarchy of Controls Safety and Health Standards 29 CFR, ANSI, NFPA, ASME

Subpart C Program Requirements Overview - II Functional Areas (Appendix A) Construction, Fire Protection, Explosives, Pressure, Firearms, Industrial Hygiene, Biological, Occupational Med, Motor Vehicle Training Train Workers and S&H Staff Record Keeping DOE M A References Lists Required Standards

Variances Similar to OSHA Application – Approval Process Contractor Cog. Sec. Officer HSS review Under Sec/Administrator Approval Variance Types Temporary Permanent National Security Electronic Variance Application Process Available on line

Implementation Assistance Meetings with Tele-video Federal DOE HQ and Field staff Workshops Federal and Contractor Attendance 10 CFR 851 Web Site 51/851final.html Implementation Guide (DOE G ) Response Line for Questions or