10 CFR 851 Worker Safety and Health Program

1. 10 CFR 851Worker Safety and Health Program Dean Decker U.S. Department of Energy July 2008

2. What is 10 CFR 851? • Adopts existing OSHA regulations. • Adopts specific national consensus standards: • NFPA (National Fire Protection Association) • ANSI (American National Standards Institute) • NEC (National Electrical Code) • ACGIH (Exposure Limits for Chemicals) • ASME Boiler & Pressure Vessel Codes • Establishes fines for non-compliance.

3. 10 CFR 851 Timeline • CURRENTLY IN FULL EFFECT • February 2007 • Contractors must have submitted written Worker Safety and Health Program to DOE. • May 2007 • Contractors must have approved program or cannot perform work.

4. Who is covered by 10 CFR 851 • DOE Management & Operating Contractors • Subcontractors of M&O Contractors • Support Service Contractors • Direct DOE contractors

5. Who is NOT covered by 10 CFR 851 • Vendors and suppliers who provide items or products. • Vendors and suppliers who deliver and install, calibrate, maintain, repair, train. • Examples: • office equipment • vending machines • paper shredding • gas cylinder deliveries • crane inspection & repair

6. 10 CFR 851 Requirements • Establish and maintain a Worker Safety & Health Program. • Integrate 10 CFR 851 Program with Integrated Safety Management System. • Coordinate with other contractors. • Flow down requirements to subcontractors.

7. Integrated Safety Management System • Integrates Safety with Operations • Define the Scope of Work • Analyze Hazards • Develop Controls • Perform Work within Controls • Feedback and Improvement

8. 10 CFR 851 Elements • Worker Safety & Health Program: • Written policy, goals, objectives. • Qualified safety and health staff. • Assign responsibilities, evaluate performance, hold personnel accountable. • Involve workers. • Hazard identification and assessment. • Hazard prevention and abatement. • Training. • Recordkeeping.

9. 10 CFR 851 Elements • Special Emphasis Programs: • Biological Safety • Construction Safety • Electrical Safety • Explosives Safety • Fire Protection • Firearms Safety • Industrial Hygiene • Motor Vehicle Safety • Occupational Medicine • Pressure Safety

10. 10 CFR 851 Compliance Gaps • Contractor’s Implementation Plan must identify all gaps and corrective actions. • Non-compliances must be entered into the DOE Non-compliance Tracking System database: • Compliance gaps and deficiencies • Programmatic weaknesses must be reported.

11. 10 CFR 851 Compliance Issues • Sub-contractors are experiencing: • Closer attention paid to compliance. • Medical qualification of workers required before coming on-site. • Liability for fines.

12. 10 CFR 851 Enforcement • DOE Office of Enforcement • Fines up to $70,000 per day per violation • Reduction in contract fees

13. Improvements seen • Increased safety compliance inspections. • Employee exposure assessments. • Pressure relief valve replacement. • Updated policies and procedures. • Increased emphasis on safety items during the design phase. • Increased enforcement of sub-contractor safety.