Worker Safety

1
Worker Safety Health Rule forDOE and DOE
Contractors

• C. Rick Jones
• Office of Worker Protection Policy and Programs
• U.S. Department of Energy

January 8, 2004
2
10 CFR 851 WSH Proposed Rule

• Scope, 10 CFR 851.1
• Applies to
• DOE contractor facilities
• DOE operated workplaces (10 CFR 851.9)
• Federal Employees
• Establish, maintain, and implement a worker
  safety and health program

3
10 CFR 851 WSH Proposed Rule

• Exclusions, 10 CFR 851.2
• Naval Nuclear Propulsion Facilities
• Facilities regulated by OSHA on December 2, 2002
  (e.g., Power Administration, Strategic Petroleum
  Reserves)
• Radiological hazards

4
10 CFR 851 WSH Proposed Rule

• Guidance Documents, 10 CFR 851.8
• Do not establish any requirement legally
  enforceable
• DOE can not conduct inspection or investigation
  to determine compliance with the rule on the
  basis of whether a contractors actions or
  omissions are inconsistent with guidance document

5
10 CFR 851 WSH Proposed Rule

• Guidance Documents, 10 CFR 851.8, continued
• Guidance documents are legally enforceable if
• Included in the set of workplace SH standards
  identified by the contractor for the covered
  workplace
• Contractor selected or used a procedure, control,
  work process to perform work in a tailored manner
  for the covered workplace

6
10 CFR 851 WSH Proposed Rule

• General Rule, 10 CFR 851.100
• A covered workplace is free from recognized
  hazards that are causing or likely to cause death
  or serious bodily harm
• Work is performed in accordance with worker
  safety and health program approved by DOE

7
10 CFR 851 WSH Proposed Rule

• Worker safety and health program, 10 CFR 851.101
• Worker safety and health program must
• Eliminate, limit or mitigate identified workplace
  hazards
• Tailored to reflect activities and hazards
• Consistent with DEAR and ISM

8
10 CFR 851 WSH Proposed Rule

• Worker safety and health program, 10 CFR
  851, continued
• Include safety and health standards that achieve
  a level of protection substantially equivalent to
  the level of protection that existed in 2002

9
10 CFR 851 WSH Proposed Rule

• Worker safety and health program, 10 CFR
  851.101, continued
• Select and document a set of standards that are
  necessary and sufficient to provide adequate
  protection to workers
• Beryllium hazards, 10 CFR 850
• Incorporate chronic beryllium disease prevention
  program

10
10 CFR 851 WSH Proposed Rule

• Worker safety and health program, 10 CFR
  851, continued
• Other Identified hazards
• Appendix A to 10 CFR 851 (adopted from DOE O
  440.1A),
• Other safety and health standards, or
• A combination of standards in Appendix A and
  other safety and health standards

11
10 CFR 851 WSH Proposed Rule

• Worker safety and health program, 10 CFR
  851.101, continued
• Program must describe how the work will be
  performed in accordance with the selected set of
  standards, including
• Selection process and use of procedures,
  controls, and work processes
• Implementation based on hierarchy of controls
  engineering, administrative, work practice, and
  personal protective equipment

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10 CFR 851 WSH Proposed Rule

• Worker safety and health program, 10 CFR
  851.101, continued
• Describe how feedback and continuous improvement
  will be provided
• Prioritize abatement on the basis of risk to
  workers
• WHS program must address how the following will
  be incorporated
• Line management commitment

13
10 CFR 851 WSH Proposed Rule

• Worker safety and health program,
  10 CFR 851.101, continued
• Information and training
• Ongoing workplace monitoring and observations
• Medical surveillance
• Applicability to subcontractor
• Contractor must establish and maintain a single
  WSH program for the responsible workplaces at the
  site

14
10 CFR 851 WSH Proposed Rule

• Worker safety and health program,
  10 CFR 851.101, continued
• If more than one contractor is responsible for a
  site
• Establish and maintain program for responsible
  workplaces
• Coordinate with other contractors to ensure
  programs are integrated and consistent

15
10 CFR 851 WSH Proposed Rule

• DOE Approval of WSH Program, 10 CFR 851.102
• Beginning one year after publication of final
  rule
• No work may be performed at a covered workplace
  unless the PSO has approved the program
• PSO will issue a worker protection evaluation
  report

16
10 CFR 851 WSH Proposed Rule

• DOE Approval of WSH Program, 10 CFR 851.102,
  continued
• Determine if program will achieve a level of
  protection at least substantially equivalent to
  the level of protection that existed in 2002 for
  the covered workplaces
• PSO may delegate approval process

17
10 CFR 851 WSH Proposed Rule

• DOE Approval of WSH Program, 10 CFR 851.102,
  continued
• Contractors must submit their WHS program for
  approval within 180 days after publication of the
  final rule
• Maintain WSH program by
• Evaluating and updating to reflect any changes in
  the activities and hazards

18
10 CFR 851 WSH Proposed Rule

• DOE Approval of WSH Program, 10 CFR 851.102,
  continued
• Annually submitting to DOE
• Updated program for approval
• Letter stating no changes to the current approved
  program
• Incorporating any changes, conditions, or
  workplace safety and health standards directed by
  DOE.

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10 CFR 851 WSH Proposed Rule

• Workers Rights, 10 CFR 851.103
• Adopted from DOE Order 440.1A
• Workers have the right without reprisal to
• Participate in safety and health activities on
  official time
• Have access to
• Safety and health publications

20
10 CFR 851 WSH Proposed Rule

• Workers Rights, 10 CFR 851.103, continued
• Approved WSH program
• Standards, controls and procedures
• Appropriate safety and health poster
• Approved worker safety and health program
• Observe monitoring of hazardous materials

21
10 CFR 851 WSH Proposed Rule

• Workers Rights, 10 CFR 851.103, continued
• Monitoring results and be notified when results
  indicate overexposure occurs
• Accompany DOE personnel during inspections
• Request and receive results of inspections and
  accident investigations
• Express concern related to safety and health

22
10 CFR 851 WSH Proposed Rule

• Workers Rights, 10 CFR 851.103, continued
• Decline to perform an assigned task because of a
  reasonable belief that the task poses an imminent
  risk of death or serious bodily harm to the
  worker coupled and there is insufficient time to
  seek effective redress through the normal hazard
  reporting and abatement procedures

23
10 CFR 851 WSH Proposed Rule

• Workers Rights, 10 CFR 851.103, continued
• Stop work, through their supervisor, when
  exposure to imminent dangerous conditions or
  other serious hazards are discovered provided
  that any stop work authority must be exercised
  in a justifiable and reasonable manner in
  accordance with the established procedures

24
10 CFR 851 WSH Proposed Rule

• Workers Rights, 10 CFR 851.103, continued
• Have access to an appropriate safety and health
  poster that informs the worker of relevant rights
  and responsibilities

25
10 CFR 850, Chronic Beryllium Disease Prevention
Program

• 10 CFR 850 amended to read
• Scope, 10 CFR 850.1
• This part provides for establishment of a chronic
  beryllium disease prevention program (CBDPP) that
  supplements and is is deemed an integral part of
  the worker safety and health program under 10 CFR
  851.

26

• 10 CFR 850 amendment continued
• Enforcement, 10 CFR 850.4
• DOE may take appropriate steps pursuant to 10 CFR
  851 to enforce compliance by contractors with
  this part and any DOE-approved CBDPP.