Archives
Final Implementation Memorandum from Glenn Podonsky
Videoconferences on Implementation of Occupational Medicine Part of 10 CFR 851:
August 29, 2007
Pantex
Brookhaven National Laboratory
Idaho National Laboratory
Field Office Managers Televideo Conference Oct 24, 2006
Supplemental Notice
Notice NOPR
Conference Report
PL 107-314 Bob Stump National Defense Authorization Act for Fiscal Year 2003
Presentations
Supplemental Notice of Proposed Rulemaking
10 CFR 851,
Worker Safety and Health Program
On December 8, 2003, DOE published a notice of proposed rulemaking
to implement section 3173 of the National Defense Authorization
Act (68 FR 68276). The December proposal was intended to codify
existing DOE practices in order to ensure the worker health
and safety regulations would provide DOE workers a level of
protection equivalent to that currently afforded them.
On February 27, 2004, after becoming aware that the Defense
Nuclear Facilities Safety Board (DNFSB) had concerns with
regard to the December proposal, DOE suspended the rulemaking
in order to consult with the DNFSB and to consider comments
received from other stakeholders on the December proposal.
(69 FR 9277) As a result of its consultation with the DNFSB
and consideration of other comments, DOE is now restarting
the rulemaking proceeding through the issuance of a notice
that sets forth a supplemental proposal, announces additional
public hearings and provides the opportunity for further written
comments.
The supplemental proposal contains several provisions that
differ from those in the December proposal. These proposed
provisions incorporate approaches put forth by the DNFSB during
consultations, as well as by the comments on the December
proposal. Specifically, the supplemental proposal contains
provisions that would: (1) codify a minimum set of safety
and health requirements with which contractors must comply;
(2) establish a formal exemption process which requires approval
by the Secretarial Officer with line management responsibility
and provides for significant involvement by the Assistant
Secretary for Environment, Safety and Health; (3) delineate
the role of the worker safety and health program and its relationship
to integrated safety management; (4) set forth the general
duties of contractors responsible for DOE workplaces; and
(5) limit the scope of the regulations to contractor activities
at DOE sites.
Those wishing to submit comments may do
so in three ways:
Comments received will posted within 45 days.
Notice of Proposed Rulemaking
10 CFR Part 851, Worker Safety and Health
In December 2002, Congress directed the Department of Energy
(DOE) to promulgate regulations on worker safety and health
rather than rely exclusively on a contractual approach to
establish safe and healthy workplaces. Specifically, section
3173 of the Bob Stump National Defense Authorization Act (NDAA)
amended the Atomic Energy Act (AEA) to add section 234C (codified
as 42 U.S.C. 2282c) that requires DOE to promulgate worker
safety and health regulations that maintain "the level of
protection currently provided to ... workers." These regulations
must include "flexibility ... to tailor implementation ...
to reflect activities and hazards associated with a particular
work environment." Section 234C also makes a DOE contractor
that violates these regulations subject to civil penalties
or a reduction of fees and other payments under its contract
with DOE.
Pursuant to section 3173 of the NDAA, the Department is proposing
a worker safety and health regulation for its federal and
contractor employees at DOE workplaces. This proposed regulation
is intended to codify and maintain the high level of protection
currently afforded workers throughout the DOE complex.
Public
Hearings Archives
This page was last updated on September 07, 2007
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