[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14839]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0027]
Addendum to the Memorandum of Understanding With the Department
of Energy (August 28, 1992); Oak Ridge, Tennessee Properties
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: This is a notice of an addendum to the interagency Memorandum
of Understanding (MOU) between the U.S. Department of Labor (DOL),
Occupational Safety and Health Administration (OSHA) and the U.S.
Department of Energy (DOE). The MOU establishes specific interagency
procedures for the transfer of occupational safety and health coverage
for privatized facilities, properties, and operations from DOE to OSHA
and state agencies acting under state plans approved by OSHA.
DATES: The expansion of the scope of recognition becomes effective on
July 10, 2020.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone: (202) 693-1999;
General and technical information: Contact Ms. Mikki Holmes, Acting
Director, OSHA Office of Federal Agency Programs, Directorate of
Enforcement Programs, U.S. Department of Labor, telephone: (202) 693-
2110; email: firstname.lastname@example.org.
DOE and OSHA have entered into two MOUs to address both current and
former DOE government-owned or leased, contractor-operated (GOCO)
facilities. The first MOU, entered into on August 10, 1992, delineates
regulatory authority over the occupational safety and health of
contractor employees at DOE GOCO facilities by recognizing that DOE
exercises statutory authority under section 161(f) of the Atomic Energy
Act of 1954, as amended, (42 U.S.C. 2201(f)), relating to the
occupational safety and health of private-sector employees at these
Section 4(b)(1) of the Occupational Safety Health Act of 1970 (OSH
Act) (29 U.S.C. 653(b)(1)) exempts from OSHA authority working
conditions to which other federal agencies have exercised statutory
authority to prescribe or enforce standards or regulations affecting
occupational safety and health. The 1992 MOU acknowledges DOE's
extensive program for the regulation of contractor health and safety,
which requires contractor compliance with all OSHA standards along with
additional DOE-prescribed requirements. The MOU sets forth an agreement
that the provisions of the OSH Act do not apply to GOCO sites for which
DOE has exercised authority to regulate occupational safety and health
under the Atomic Energy Act.
As a result of DOE's policy emphasis on privatization activities,
OSHA and DOE entered into a second MOU on July 25, 2000, to establish
interagency procedures addressing regulatory authority for occupational
safety and health at specified privatized facilities and operations on
sites formerly controlled by DOE. The July 25, 2000, MOU covers
facilities and operations on lands no longer controlled by DOE, which
are not conducting activities for, or on behalf of, DOE; and where
there is no likelihood that any employee exposure to radiation from DOE
sources would be 25 millirems per year (mrem/yr) or more.
II. Notice of Transfer
In an email dated May 1, 2020, DOE requested that OSHA or, as
appropriate, the Tennessee Occupational Safety and Health
Administration (TOSHA) accept occupational safety and health regulatory
authority over employees at the East Tennessee Technology Park in Oak
Ridge, Tennessee, one parcel of land pursuant to the MOU on Safety and
Health Enforcement at Privatized Facilities and Operations dated July
25, 2000. Other facilities and properties at the East Tennessee
Technology Park were transferred to TOSHA jurisdiction under this MOU
by Federal Register notices 74 FR 120 (January 2, 2009); 74 FR 39977
(August 10, 2009); 76 FR 80408 (December 23, 2011); and 79 FR 29456
(May 22, 2014).
The parcel of land, located at the East Tennessee Technology Park
in Oak Ridge, Tennessee, and transferred by deed to the Community Reuse
Organization of East Tennessee (CROET), is the Land Parcel Powerhouse
Area, Duct Island, K-1007-P1 Pond Area at the East Tennessee Technology
OSHA's Regional Office in Atlanta, Georgia, working with the OSHA
Nashville Area Office and TOSHA, determined that TOSHA is willing to
accept authority over the occupational safety and health of public-
sector and private-sector employees at the parcel of land at the East
Tennessee Technology Park in Oak Ridge, Tennessee, that was transferred
by deed to CROET. In a letter from OSHA to DOE dated June 26, 2020,
OSHA stated that TOSHA is satisfied with DOE's assurances that (1)
there is no likelihood that any employee at facilities in the vicinity
of the land parcel will be exposed to radiation levels that will be 25
millirems per year (mrem/yr) or more, and; (2) transfer of authority to
TOSHA is free from regulatory gaps and does not diminish the safety and
health protection of the employees.
Accordingly, TOSHA accepts and maintains health and safety
regulatory authority over employees in the vicinity of the Land Parcel
Powerhouse Area, Duct Island, K-1007-P1 Pond Area at the East Tennessee
Technology Park (ETTP).
III. Authority and Signature
Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. This Federal Register notice provides public notice and serves
as an addendum to the 1992 OSHA/DOE MOU. Accordingly, the agency is
issuing this notice pursuant to Section 8(g)(2) of the Occupational
Health and Safety Act of 1970 (29 U.S.C. 657(g)(2)), Secretary of
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).
Signed at Washington, DC, on June 30, 2020.
Principal Deputy Assistant Secretary of Labor for Occupational Safety
[FR Doc. 2020-14839 Filed 7-9-20; 8:45 am]
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