DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Grants and Cooperative Agreements; Availability, etc: Energy Department's Safety and Health Review Programs at Government-Owned-Contractor-Operated Facilities

AGENCY: Occupational Safety and Health Administration (OSHA).

ACTION: Notice of availability of funds and request for grant applications.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) wishes to award funds to a non-profit organization to study items specified in a recent Memorandum of Understanding (MOU) between the Department of Energy and OSHA. The MOU covers potential assumption by OSHA of health and safety related jurisdictional responsibilities currently being performed by DOE at its Government-Owned-Contractor-Operated (GOCO) facilities.

DATES: All applications must be received no later than 4:30 p.m. Eastern Standard Time, November 20, 1995.

ADDRESSES: Grant applications must be submitted to: U.S. Department of Labor -- Occupational Safety and Health Administration, Office of Finance, Division of Grants Management, 200 Constitution Avenue, NW, Washington, DC 20210, Attn: E. Tyna Coles.

FOR FURTHER INFORMATION CONTACT: Rick Cee, Division Director, OSHA Salt Lake Technical Center, 8660 South Sandy Parkway, Sandy, UT 84070-6424.

SUPPLEMENTARY INFORMATION:

Background

Section 20(c) of the Occupational Safety and Health Act provides for the Secretary to enter into contracts, agreements or other arrangements with appropriate public agencies or private organizations for the purpose of conducting studies relating to his responsibilities under this Act.

Scope

The purpose of this notice is to announce the availability of funds for one grant to review the Department of Energy's safety and health programs.

In addition to the Assistant Secretary of Labor for the Occupational Safety and Health Administration, the final report shall be submitted concurrently to the Assistant Secretary of Energy for Environment, Safety, and Health.

The advisory services requested will have considerable impact regarding the transfer of health and safety oversight from the Department of Energy (DOE) to OSHA. The operations and systems to be studied are highly sophisticated, requires a high level of security when examining certain issues, and has a large magnitude of scope. To provide OSHA advice regarding these systems and operations requires the contractor to be familiar with the operations of DOE, OSHA, and other aspects of the Federal government, to be capable of handling any security issues as they arise (security clearances, confidentiality, etc.), to be capable of grasping the highly sophisticated nature of work performed at the GOCO sites, to have impartiality and independence during any deliberations, and have the technical expertise available to make sound recommendations concerning critical health and safety issues. Respondents should have the capability to assemble as committee or board of the Nation's eminent scholars which are then able to render advice and guidance of high quality and objectivity to address high priority national problems.

The study must include but is not limited to:

-- An inventory of DOE facilities and identification of the types of hazards likely to be found at each of these facilities;
-- An examination of DOE's current occupational safety and health program and the role that this corporate program could assume if there is a transition to OSHA enforcement;
-- An investigation of the additional resources required by OSHA if it were to assume the transferred regulatory and enforcement authority and of the external costs associated with maintaining regulatory and enforcement authority within DOE.
-- The development of a transition schedule for OSHA if it were to assume enforcement authority over working conditions at DOE GOCO facilities;
-- Identification and consideration of recent occupational safety and health program improvements within the DOE community such as the establishment of safety and health committees;
-- An examination of lessons learned from OSHA special emphasis programs and existing DOE external enforcement activities [e.g., transfer of the gaseous diffusion plants to OSHA enforcement, Nuclear Regulatory Commission (NRC), and
-- Environmental Protection Agency (EPA) enforcement activities; OSHA enforcement of worker protection matters on non-exempt DOE facilities] as well as future findings of the Advisory Committee on External Regulation of DOE Nuclear Safety; and
-- An examination of the worker protection-related roles of other external enforcement activities and clarification of institutional relations between: OSHA and DOE; DOE and its management and operating (M&O) contractors; M&O contractors and subcontractors; and between Federal, State, and Tribal jurisdictions.

Eligible Applicants

Any nonprofit organization that is not an agency of a State or local government is eligible to apply. However, State or local government supported institutions of higher education are eligible to apply in accordance with 29 CFR 97.4(a)(1). Applicants other than State or local government supported institutions of higher education will be required to submit evidence of nonprofit status, from the Internal Revenue Service.

A consortium of two or more eligible applicants is also eligible to apply. Each consortium must have a written agreement that spells out roles and responsibilities for each consortium member and designates one member as the lead agency. The lead agency will receive the grant and be responsible for grant administration.

Nonsupportable Activities

Statutory and regulatory limitations, as well as the objectives of the grant program, prevent reimbursing grantees for certain activities. These limitations include the following.

1. Any activities inconsistent with the goals and objectives of the Occupational Safety and Health Act of 1970.

2. Activities for the benefit of State, county or municipal workers unless those workers are covered by a State Plan funded by OSHA under section 23(g) of the Occupational Safety and Health Act.

3. Activities that provide assistance to workers in arbitration cases or other actions against employers, or that provide assistance to employers and/or workers in the prosecution of claims against Federal, State or local governments.

4. Activities that directly duplicate services offered by OSHA, a State under a State Plan, or consultation programs provided by State designated agencies under section 7(c)(1) of the Occupational Safety and Health Act.

5. Activities directly or indirectly intended to generate membership in the grant recipient's organization. This includes activities to acquaint nonmembers with the benefits of membership, inclusion of membership appeals in materials produced with grant funds, and membership drives.

Administrative Requirements

Grantees will comply with applicable requirements of the following OMB Circulars.

1. A-110, which covers grant requirements for nonprofit organizations, including universities and hospitals. The Department of Labor regulations implementing this circular can be found at 29 CFR Part 93.

2. A-21, which gives cost principles applicable to educational institutions.

3. A-122, which gives cost principles applicable to other nonprofit organizations.

4. A-133, which provides audit requirements. The Department of Labor regulations implementing this circular can be found at 29 CFR Part 96.

All applicants will be required to certify to a drug-free workplace in accordance with 20 CFR Part 98 and to comply with the New Restrictions on Lobbying published at 29 CFR Part 93.

Evaluation Process and Criteria

Applications for grants solicited in this notice will be evaluated on a competitive basis by the Assistant Secretary for Occupational Safety and Health with assistance and advice from OSHA staff.

The following factors, which are not ranked in order of importance, will be considered in evaluating grant applications.

1. Program Design

a. The plan for evaluating the program's effectiveness in achieving its objectives.

b. The feasibility and soundness of the proposed work plan in achieving the program objectives effectively.

2. Program Experience

a. The occupational safety and health experience of the applicant organization.

b. The experience of the applicant organization in developing and conducting complex scientific studies.

c. The technical and professional expertise of present or proposed project staff in occupational safety and health.

3. Administrative Capability

a. The managerial expertise of the applicant as evidenced by the variety and complexity of programs it has administered over the past five years.

b. The experience of the applicant in administering Federal and/or State grants.

d. The completeness of the application, including budget detail, narrative and workplans.

4. Budget

a. The reasonableness of the budget in relation to the proposed study.

b. The compliance of the budget, with Federal cost principles contained in applicable OMB Circulars.

Availability of Funds

There is approximately $500,000 available for this grant which will be awarded for a six-month period.

Notification of Selection

Following review and evaluation, an organization will be selected and will be notified by a representative of the Assistant Secretary. Any applicant whose proposal is not selected will be notified in writing to that effect. Notice of selection as a potential grant recipient will not constitute approval of the grant application as submitted. Prior to the actual grant award, representatives of the potential grant recipient and OSHA will enter into negotiations concerning such items as review guidelines, final funding levels, and administrative systems. If negotiations do not result in an acceptable submittal, the Assistant Secretary reserves the right to terminate the negotiation and decline to fund the proposal.

Signed at Washington, DC, this 20th day of October, 1995.

Joseph A. Dear,
Assistant Secretary.

[FR Doc. 95-26685 Filed 10-27-95; 8:45 am]

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