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

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

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

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

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

12. Implementation Assistance • Meetings with Tele-video • Federal DOE HQ and Field staff • Workshops • Federal and Contractor Attendance • 10 CFR 851 Web Site • http://www.hss.energy.gov/HealthSafety/WSHP/rule851/851final.html • Implementation Guide (DOE G440.1-8) • Response Line for Questions • 800-292-8061 or 301-903-9976