DOE vs OSHA Worker Safety and Health Regulation

DOE vs. OSHA Regulations OSHA regulations (29 CFR) were original published following passage of the Occupational Safety and Health Act of 1970 DOE regulations (10 CFR 851) were established in 2006 following amendment of the Atomic Energy Act of 1954 to include Section 234C Worker Health and Safety Rules for Department of Energy Nuclear Facilities

Safety and Health Requirements OSHA uses Permissible Exposure Limits (PEL) for hazardous chemicals. These are predominately based on the 1968 ACGIH Threshold Limit Values (TLV), a small number of consensus standards dating from 1966 to 1970, and a limited number (36) of OSHA developed standard DOE requires the use of the OSHA PELs or the 2005 ACGIH TLVs whichever is more protective OSHA incorporates, by reference, a number of consensus standards, some from as early as 1970 when the OSHAct was promulgated. DOE incorporates all of OSHA’s references, however newer versions of several consensus standards (dated 2005 or newer) are require by 10 CFR 851.

Functional Area Requirements DOE identifies 10 Functional Areas (i.e., Fire Protection, Explosives, Electrical Safety, Industrial Hygiene, Occupational Medicine, etc.) of special interest in Worker Safety and Health programs. These functional areas contain a number of focused requirements to assure the highest level of safety for DOE contractor employees performing work across the complex OSHA addresses some of the elements contained in these functional areas but has not identified them as key functional areas.

Written Worker Safety and Health Program OSHA does not require a written WSH program. DOE requires a Written Worker Safety and Health Program that provides a written approach to how a contractor will meet safety and health requirements and allows flexibility to develop a program that best meets the needs and particular circumstances of their site activities.

Stop Work Authorization OSHA can request management to stop tasks that pose serious physical harm but must seek relief from the courts to actually stop work. DOE requires the establishment procedures to allow workers to stop work or declining to perform tasks if they reasonable believe that work poses an imminent risk or serious physical harm.

Worker Involvement OSHA encourages management to have worker involvement. DOE requires management to develop a mechanism to involve workers in the development of worker safety and health program goals, objectives and performance measures and in the identification and control or workplace hazards

DOE Worker Rights Have the right without reprisal to: Participate in activities on official time Have access to Safety and Health information Be notified when overexposed Observe monitoring and have results of their own monitoring Have a representative during the physical inspection of the workplace Results of inspections and accident investigations Express worker safety and health concerns Decline or Stop Work

Integrated Safety Management DOE requires an Integrated Safety Management System Systematically integrates safety into management and work practices at all levels by Establishing effective safety requirements and goals; Following applicable DOE safety and health policy, national and international consensus standards; and Addressing unique conditions,

DOE DART and TRC Rates

DOE DARTS/TRC Comparison