10 CFR 851 Worker Safety and Health Program Overview

1. 10 CFR 851Worker Safety and Health ProgramOverview

2. Worker Safety and Health Program 10 CFR 851 Brief History December 2, 2002 � 107th Congress Amends AEA Adding Section 234.C December 18, 2003 - Notice of Proposed Rulemaking February 27, 2004 - Notice Suspended January 26, 2005 - Supplemental Notice Published February 9, 2006 - Final Rule Published

3. 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 Congressional Conference Report: Senate amendment � � The provision would also direct the Secretary to promulgate industrial and construction health safety regulations that incorporate the provisions of DOE Order No. 440.1A (1998) � The House bill contained no similar provision� The House recedes with an amendment that would direct the Secretary to promulgate regulations �(existing language) The conferees note that the DOE contractors currently operate under DOE order 440.1A (1998) which provides an adequate level of safety.Congressional Conference Report: Senate amendment � � The provision would also direct the Secretary to promulgate industrial and construction health safety regulations that incorporate the provisions of DOE Order No. 440.1A (1998) � The House bill contained no similar provision� The House recedes with an amendment that would direct the Secretary to promulgate regulations �(existing language) The conferees note that the DOE contractors currently operate under DOE order 440.1A (1998) which provides an adequate level of safety.

4. 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)

5. 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 Scope � All contractors and subcontractors are included Excludes subcontractors that provide only �commercial items� as defined under the Federal Acquisition Regulations. Scope � All contractors and subcontractors are included Excludes subcontractors that provide only �commercial items� as defined under the Federal Acquisition Regulations.

6. General Duty 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 Note: Safety and Health Program describes how contractor will comply with requirements Not the details of every hazard and the controls that will be used. For example the program may state that the respiratory protection requirements are covered by �site respiratory policy ABC� Not workers will use a HEPA filter on a half mask for protection against abc�/Note: Safety and Health Program describes how contractor will comply with requirements Not the details of every hazard and the controls that will be used. For example the program may state that the respiratory protection requirements are covered by �site respiratory policy ABC� Not workers will use a HEPA filter on a half mask for protection against abc�/

7. 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

8. 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

9. 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 Management � Written policy, goals, and objectives Qualified S&H staff (CIH, CSP) Worker Involvement Stop Work Workers � Observation and notification of monitoring Safety and Health Poster Access to documents Procedures for Hazard Identification, documented assessments and monitoring, Job activity-level analysis, coordinate w/ Rad hazards Hierarchy of Controls 29CFR-1910, 1926, etc; ACGIH, ANZI Resp, Laser, Welding, electric New Worker training, periodic training, S&H training DOE M231.1-1A Where references may be obtained and includes ASTM codes. Note: working w/ GC on these codes.Management � Written policy, goals, and objectives Qualified S&H staff (CIH, CSP) Worker Involvement Stop Work Workers � Observation and notification of monitoring Safety and Health Poster Access to documents Procedures for Hazard Identification, documented assessments and monitoring, Job activity-level analysis, coordinate w/ Rad hazards Hierarchy of Controls 29CFR-1910, 1926, etc; ACGIH, ANZI Resp, Laser, Welding, electric New Worker training, periodic training, S&H training DOE M231.1-1A Where references may be obtained and includes ASTM codes. Note: working w/ GC on these codes.

10. 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 231.1-1A References Lists Required Standards

11. 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