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10 CFR 851 Worker Safety and Health Program

10 CFR 851 Worker Safety and Health Program. Bill McArthur, PhD, CIH Director, Office of Worker Safety and Health Policy Office of Health and Safety. Time Line 10 CFR 851. December 2, 2002 – 107 th Congress Amends AEA Adding Section 234.C

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10 CFR 851 Worker Safety and Health Program

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  1. 10 CFR 851Worker Safety and Health Program Bill McArthur, PhD, CIH Director, Office of Worker Safety and Health Policy Office of Health and Safety

  2. Time Line10 CFR 851 • 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 • February 26, 2007 – Contractor WSHP submitted to DOE • May 25, 2007 – Work only under approved WSHP

  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 • Penalties • Civil Penalties up to $70,000 for each Violation, or • Contract Penalties

  4. 10 CFR 851General 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

  5. General DutyGeneral Duty • Provide a place of employment free from recognized hazards that have the potential to cause death or serious physical harm

  6. Worker S&H Program- I • Written Safety and Health Program • Approved by Head of DOE Field Element • Copy Sent to Chief Health, Safety and Security Officer • Describe How Contractor Will Comply with Requirements of Subpart C • Give Labor Timely Notice

  7. Subpart C Overview - I • Management and Worker Responsibilities • Hazard Identification • Hazard Prevention • Safety and Health Standards • Functional Areas (Appendix A) • Training • Record Keeping • References

  8. Variances • Similar to OSHA • Application – Approval Process • Contractor Cog. Sec. Officer HSS review Under Sec/Administrator Approval • Electronic Variance Application Process • Available on line • Register Now!

  9. Implementation Assistance • Implementation Guide (DOE G440.1-8) • 10 CFR 851 Web Site • http://www.hss.energy.gov/HealthSafety/WSHP/rule851/851final.html • Response Line for Questions • 800-292-8061 or 301-903-9976 • Monthly Tele-video • Next - March 21, 2007 • Call or e:mail

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