1. DOE Worker Safety and Health Policy
How Does It All Fit Together?

2. Regulatory Authority Atomic Energy Act -1954 (AEA)
Authorizes the self regulation of the Agency including safety and health.
Occupational Safety and Health Act – 1970
Section 4(b)(1) specifically exempts agencies under AEA if they exercise their statutory authority
National Defense Authorization Act (NDAA)
Congress amended the AEA adding Section 234C requiring DOE to promulgate a S&H rule for contractors
Department of Energy exercises its authority to regulate the safety and health of its workers
Some DOE sites Not under AEA are covered by OSHA i.e. Power Administrations, Federally Operated Facilities (NETL)
1992 DOE/OSHA MOU lists sites

3. OSHA Covers all workers except: Federal employees
Executive Order and 29 CFR 1960 requires Agencies to have a S&H program that meet OSHA requirements.
OSHA monitors federal agencies and responds to workers' complaints.
State and local governments
May have OSHA approved state plans to cover private sector employees
Government employees may not be covered
Self-employed
Workplace Hazards regulated by other Federal agency (i.e., Mine Safety and Health Administration, Federal Aviation Administration, Coast Guard).

4. Worker Safety and Health: OSHA vs. DOE
Agency
Legislation
Agency
Legislation
OSHAct
1970
NDAA 2003
DOL
DOE
Responsible Organization
Responsible Organization
Standards
Standards
OSHA
29 CFR … AU
10 CFR 851
Consensus Standards (in place in 2005)
ACGIH TLV (2005)
OSHA Standards
DOE Directives, Rules, and Technical Standards
Employment performed in a workplace
Excludes DOE
Consensus Standards (in place in 1970)
ACGIH TLV (1968)
OSHA Developed Standards
DOE Contractors
Sub-Contractors
NOTE: DOE Federal Employees Covered under DOE O 440.1

5. Workforce and Policy DOE Workforce
Federal Employees
Contractor Employees
DOE Worker Safety and Health Policies
Rules
Directives
Technical Standards*
National Consensus Standards*
*When incorporated by Reference

6. Rules – 10 CFR …
Administrative Procedures Act (APA) of 1946 (5 U.S.C. §551 et seq.)
“Notice and Comment”
Must provide information on exactly what will be required i.e., specific dated consensus standard
Take precedence over directives
Applicable Rules Include DOE and Other Federal Agencies
29 CFR (DOL), 40 CFR (EPA)
42 CFR 73, 7 CFR 331, 9 CFR 121 (HHS, USDA – BioAgents)
Must be followed if included in Scope and Applicability
10 CFR 835 (contractors and feds.) vs. 10 CFR 851 (contractors only)
May incorporate:
Other Federal Agency Standards
National Consensus Standards
DOE Directives and Standards

7. Department of Energy Acquisition Regulations (DEAR)
48 CFR Laws, Regulations and DOE Directives
‘A’ List
‘B’ List
Sub-Contractor Flow down
, Conditional payment of fee … protection of Worker S&H
up to 26% reduction
, Integration of Environment, Safety and Health into Work Planning
ISM

8. *Contractor Requirements Document (CRD)
Directives
DOE O 251.1C, Departmental Directives Program
Policy
High Level
Contains No Requirements
Notice
Limited Life
May Contain Requirements and CRDs*
Orders
Contain Requirements and may contain CRDs*
Guides
Can not Contain any requirements or be incorporated by reference in Directives
*Contractor Requirements Document (CRD)
Generally mirror Federal Requirements
Apply Only if in Contract

9. Technical Standards DOE O 252.1A, Technical Standards Program
Provide Additional Technical requirements and Information
Standards – May contain Requirements
Handbooks – Contain NO Requirements
Developed when no National Consensus Standard Exists
Required only if Incorporated by Reference in DOE Rules or Directives
Can include “Shall” and “Should” statements
“Shall” become requirements If the standard is included in a contract or if it is a part of the approved Worker Safety and Health Program
Role of AHJ – when included in the standard

10. Variations from Policy
Exemptions
10 CFR 820
10 CFR 835, Radiological Safety Issued by AU
DOE O 251.1C
DOE Directives
Variances
10 CFR 851
Approved by Under Secretary Following Recommendation by AU
Interpretations – Only issued by GC
Technical Clarifications
SME Review Issued by AU
Worker Safety and Health Response Line
SME Opinions

11. Scope of DOE Worker Safety and Health Policies
Cover wide range of activities
Worker Safety and Health:
10 CFR 851 (Contractors Only) – Worker Safety and Health Program
O 440.1B (Federal Employees Only) – Worker Safety and Health Program
NOTE: These include the OSHA requirements contained in 29 CFR Except radiological safety
10 CFR 850 – Chronic Beryllium Disease Prevention Program
10 CFR Occupational Radiation Protection
10 CFR 707 (Contractors Only) – Workplace Substance Abuse Program
P – Conduct and Approval of Select Agent and Toxin Work
P456.1 – Secretary Policy Statement on Nanoscale Safety
O456.1 – The Safe Handling of Unbound Engineered Nanoparticles

12. DOE Worker Safety and Health Rules and Directives
Integrated Safety Management:
P 450.4A - Integrated Safety Management Policy
O Integrated Safety Management
O – Federal Technical Capabilities
 Federal Oversight:
P226.2* – Policy for Federal Oversight and Contractor Assurance Systems
O 226.1B – Implementation of Department of Energy Oversight Policy
5 Guides
31 Technical Standards
* Joint MA and AU Policy

13. Consensus Standards – Which Version?
Some of these commenters recommended eliminating the specific edition dates of the consensus standards, while others offered an alternative recommendation that DOE indicate ‘‘latest revision’’ in lieu of the specific year.
Regulatory requirements must be specific and include the editions of incorporated standards. Therefore, DOE cannot
accept the suggestion of requiring compliance with the ‘‘latest revision’’ of standards that are incorporated by reference.
The standards included in this final rule are consistent with those mandated under DOE Order 440.1A. While contractors must meet the standards listed in section (a), they are free to comply with more recent editions of the standards as long as the provisions of the more recent standards are at least protective as the edition specified

14. Office of Health and Safety: Worker Safety and Health Policy:
More Information
Office of Health and Safety:
Worker Safety and Health Policy: