Doug Stephens Program Manager USW TMC Grant Programs (Mobile) (Office)

Activity 1: My Role in Health and Safety Purpose: To investigate different views of workers’ roles in improving health and safety and determine how those views might affect what we believe is achievable

Activity 2: 850 What? What Does 851 Mean for Us? Purpose: To become familiar with the new DOE Regulation (851) and how it is designed to enhance Health and Safety at our workplaces

Activity 3: 851—Worker Participation Purpose: To review, analyze and determine what employee involvement is from a worker’s point of view as defined under 851.

Workers Rights: (4) Requires Worker Participation (4) requires worker participation. Contractors must provide mechanisms to involve workers and their representatives in the development of worker safety and health programs, including the identification of hazards and controls. It is right rather than a benefit. This makes the power of 851 different than previous initiatives, like DOE order 440.1A and Integrated Safety Management System (ISMS). The requirement for worker participation is so strong in 851 that all parts of the Rule need to be viewed through the lens of meaningful worker participation.

Worker participation is not negotiable According to Glenn S Podonsky, Chief Health, Safety and Security Officer, U.S. Department of Energy: “This is not a play on words, worker participation is a right under 10 CFR 851 and is not subject to negotiation.” *Atomic Energy Workers Council—October 8, 2009

To have an effective health and safety program, you must have meaningful worker participation. Meaningful participation includes sharing information, consultation, deciding together, acting together, supporting each other.

Is an Invitation to Workers to Determine What Worker Participation Is Under 851 Unlike other directives (DOE Order 440.1A and the Integrated Safety Management System (ISMS) where worker participation was the responsibility for the contractor to define, initiate and implement, (4) requires contractors to provide a mechanism to involve worker participation to determine the definition of worker participation. No longer is having one union person on a committee dominated by managers acceptable worker participation.

Activity 4: 851—Training to Identify Hazards Purpose: To explore how the USW/TMC training programs provide the tools to help workers identify hazards.

Activity 5: The Control of Hazards Through Systems of Safety Purpose: To determine the best tools for identifying hazards and most effective systems for eliminating these hazards.

Activity 6: Enforcement: The Law Purpose: To examine the legal requirements imposed by Rule 851 and how they might be applied at our sites.

4. Appendix B to Part 851—General Statement of Enforcement Policy—The Goal I. Introduction The Goal* (b) The DOE goal in the compliance arena is to enhance and protect the safety and health of workers at DOE facilities by fostering a culture among both the DOE line organizations and the contractors that actively seeks to attain and sustain compliance with the regulations in this part. The enforcement program and policy have been developed with the express purpose of achieving safety inquisitiveness and voluntary compliance. DOE will establish effective administrative processes and positive incentives to the contractors for the open and prompt identification and reporting of : Non-compliances, Performance of effective root cause analysis; and The initiation of comprehensive corrective actions to resolve both noncompliance conditions and programs or process deficiencies that led to noncompliance.

5. Appendix B to Part 851—General Statement of Enforcement Policy—Enforcement I. Introduction Enforcement* (c) In the development of the DOE enforcement policy, DOE recognizes that the reasonable exercise of its enforcement authority can help to reduce the likelihood of serious incidents. This can be accomplished by placing greater emphasis on a culture of safety in existing DOE operations, and strong incentives for contractors to identify and correct noncompliance conditions and processes, in order to protect human health and the environment. DOE wants to facilitate, encourage and support contractor initiatives for the prompt identification and correction of non-compliances. DOE will give due consideration to such initiatives and activities in exercising its enforcement discretion.

6. Appendix B to Part 851—General Statement of Enforcement Policy—Civil Penalties I. Introduction Civil Penalties* (d) DOE may modify or remit civil penalties in a manner consistent with the adjustment factors set forth in this policy, with or without conditions. DOE will carefully consider the facts of each case of noncompliance; and part of the function of a sound enforcement program is to assure a proper and continuing level of safety vigilance. The reasonable exercise of enforcement authority will be facilitated by: The appropriate application of safety requirements to DOE facilities; and By promoting and coordinating the proper contractor and DOE safety compliance attitude toward those requirements.

7. Appendix B to Part 851—General Statement of Enforcement Policy—Severity of Violations VI. Severity of Violations (a) Violations of the worker safety and health requirements in this part have varying degrees of safety and health significance. Therefore, the relative safety and health risk of each violation must be identified as the first step in the enforcement process. Violations of the worker safety and health requirements are categorized in two levels of severity to identify their relative seriousness. Notices of Violation issued for noncompliance, when appropriate, propose civil penalties commensurate with the severity level of the violations involved.