What Is a DOE Worker Safety and Health Program?

DOE contractors at DOE sites must follow the worker safety and health program rule at 10 CFR Part 851. The rule sets requirements for a program that reduces or prevents occupational injuries, illnesses and accidental losses, along with procedures for enforcement (10 CFR 851.1).

Exclusions. Part 851 does not apply to work at a DOE site regulated by the Occupational Safety and Health Administration, to sites under the Naval Nuclear Propulsion program, to radiological hazards or nuclear explosives operations to the extent regulated by 10 CFR parts 20, 820, 830 or 835, or to transportation to or from a site (10 CFR 851.2). The FAQ on whether DOT-regulated employers are also regulated by OSHA explains how overlapping agency jurisdiction works.

General duty. For each covered workplace, the contractor must provide a place of employment free from recognized hazards causing or likely to cause death or serious physical harm, and must perform work under Part 851 and the workplace's written program (10 CFR 851.10).

Written program. Each contractor submits a written worker safety and health program to the Head of the DOE Field Element for approval (10 CFR 851.11).

Management duties. Under 10 CFR 851.20(a), contractor management must set written policy and goals, use qualified safety and health staff such as a certified industrial hygienist or safety professional, hold personnel accountable, involve workers in hazard identification, and set procedures for workers to report injuries, illnesses and hazards without reprisal.

Worker rights. Workers have the right, without reprisal, to take part in program activities on official time, see the program and applicable standards, be told of overexposure, observe exposure monitoring, have a representative accompany inspectors, raise concerns, and decline to perform an assigned task because of a reasonable belief that it poses an imminent risk of death or serious physical harm, coupled with a reasonable belief that there is insufficient time to seek redress through normal hazard reporting procedures (10 CFR 851.20(b)(8)).

Hazards and standards. Contractors must identify and assess hazards through monitoring, documentation, design reviews and job hazard analyses (10 CFR 851.21). Applicable standards include OSHA general industry and construction standards in 29 CFR Parts 1910 and 1926, with listed exceptions, and DOE's beryllium rule (10 CFR 851.23).

Training. Contractors must train workers exposed to hazards before or at initial assignment, periodically as needed, and when a new or increased hazard arises. Workers with program responsibilities need training to carry them out (10 CFR 851.25). Training programs of this type fall under compliance training.

Enforcement. The Secretary may issue a compliance order requiring a remedy or work stoppage, and the recipient may ask for rescission or modification within 15 calendar days (10 CFR 851.4). An indemnified contractor that violates Part 851 faces a civil penalty of up to $121,876 per violation, with each day of a continuing violation counted separately, or a contract fee reduction, but not both (10 CFR 851.5).