10 CFR 851Worker Safety and Health Program

Overview

Worker Safety and Health Program

10 CFR 851

Brief HistoryDecember 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

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.

FlexibilityTailor to Reflect Activities and HazardsSpecial CircumstancesNational Security

PenaltiesCivil Penalties up to $70,000 for each Violation, orContract Penalties

Current Level of Protection

DOE Order 440.1A, “Worker Protection Management for DOE Federal and Contractor Employees”

Written safety and health program

Comply with worker protection standardsOSHA, NFPA, ANSI and ACGIH

Comply with requirements for functional areasConstruction safety, Fire protection, Firearms safety, Explosives safety, Industrial Hygiene, Occupational medicine, Pressure safety, and Motor vehicle

Non Mandatory Contract requirementNegotiable (‘B’ List)

10 CFR 851- General Provisions

ScopeContractor activities at DOE

ExclusionsSites Regulated by OSHA

Navy Nuclear Propulsion

Radiological Hazards (10 CFR 835)

Transportation To and From DOE sites

General Duty

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

Work is Performed in Accordance with Worker Safety and Health Program

Worker S&H Program Requirements - I

Written Safety and Health Program

Approved by Head of DOE Field Element

Submitted by February 26, 2007

Copy Sent to Chief Health, Safety and Security Officer

Give Labor Organization Timely Notice

Must be Approved by May 25, 2007

Worker S&H Program Requirements - II

Written Safety and Health Program

Describe How Contractor Will Comply with Requirements of Subpart C

May Use ISM or WSS as the basis for their WS&H Program

Integrate Requirements with other Site Worker Protection Activities

Integrate with ISMS

No Work if NOT Approved by May 25, 2007

Subpart C Program Requirements

Overview - IManagement and Worker Responsibilities

Same as DOE O 440.1A

Hazard IdentificationAssess Exposures to Chemical, Physical, Biological and Safety HazardsClosure Facility Hazards and Controls

Hazard PreventionHierarchy of Controls

Safety and Health Standards29 CFR, ANSI, NFPA, ASME

Subpart C Program Requirements

Overview - II

Functional Areas (Appendix A)Construction, Fire Protection, Explosives, Pressure, Firearms, Industrial Hygiene, Biological, Occupational Med, Motor Vehicle

TrainingTrain Workers and S&H Staff

Record KeepingDOE M 231.1-1A

ReferencesLists Required Standards

Variances

Similar to OSHAApplication – Approval Process

Contractor Cog. Sec. Officer HSS review Under Sec/Administrator Approval

Variance TypesTemporaryPermanentNational Security

Electronic Variance Application Process

Available on line

Implementation Assistance

Meetings with Tele-videoFederal DOE HQ and Field staff

WorkshopsFederal and Contractor Attendance

10 CFR 851 Web Sitehttp://www.hss.energy.gov/HealthSafety/WSHP/rule851/851final.html

Implementation Guide (DOE G440.1-8)Response Line for Questions

800-292-8061 or 301-903-9976