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• Publication Date: 01/02/2009
• Publication Type: Notice
• Fed Register #: 74:120-121
• Title: Addenda to the Memorandum of Understanding: To Formalize the Working Relationship Between the Department of Energy and the Department of Labor

[Federal Register: January 2, 2009 (Volume 74, Number 1)]
[Notices]               
[Page 120-121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja09-47]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0043]

 
Addenda to the Memorandum of Understanding: To Formalize the 
Working Relationship Between the Department of Energy and the 
Department of Labor

AGENCY: The Department of Labor; Occupational Safety and Health 
Administration (OSHA).

ACTION: Addenda to Memorandum of Understanding between the Department 
of Labor and the Department of Energy: (1) the construction of the 
Theory and Computing Sciences (TCS) building at the Argonne National 
Laboratory in Illinois; transfer of employee safety and health 
authority from the Department of Energy (DOE) to the Occupational 
Safety and Heath Administration (OSHA); (2) the operations of six 
existing buildings and support facilities at the East Tennessee 
Technology Park in Oak Ridge, Tennessee; transfer of employee safety 
and health authority from DOE to the Tennessee Occupational Safety and 
Health Administration.

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SUMMARY: This document is a notice of addenda to the August 28, 1992 
interagency Memorandum of Understanding (MOU) between the U.S. 
Department of Labor and the U.S. Department of Energy. That MOU states 
that DOE has exclusive authority over the occupational safety and 
health of contractor employees at DOE Government-Owned and Contractor-
Operated facilities (GOCOs). In addition, the MOU between the 
departments dated July 25, 2000, on safety and health enforcement at 
privatized facilities and operations provides that OSHA has regulatory 
authority over occupational safety and health at certain privatized 
facilities and operations on DOE land leased to private enterprises. 
This action is taken in accordance with the MOU of July 25, 2000, which 
establishes specific interagency procedures for the transfer of 
occupational safety and health coverage for such privatized facilities 
and operations from DOE to OSHA and state agencies acting under state 
plans approved by OSHA pursuant to section 18 of the Occupational 
Safety and Health Act of 1970 (OSH Act), 29 U.S.C. 667. The MOUs may be 
found on the internet via the OSHA Web page http://www.osha.gov under 
the "D" for Department of Energy Transition Activities.

DATES: The effective date for the publication of this notice January 2, 
2009.

FOR FURTHER INFORMATION: Contact Ms. MaryAnn Garrahan, Office of 
Technical Programs and Coordination Activities, Room N-3655, OSHA, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210. Telephone (202) 693-2110; fax (202-693-1644). Access electronic 
copies of this notice at OSHA's Web site, http://www.osha.gov, by 
selecting Federal Register, "Date of Publication," and then "2008."

SUPPLEMENTARY INFORMATION: The U.S. Department of Energy (DOE) and the 
Occupational Safety and Health Administration (OSHA) of the U.S. 
Department of Labor (DOL) entered into a Memorandum of Understanding 
(MOU) on August 10, 1992, delineating regulatory authority over the 
occupational safety and health of contractor employees at DOE 
government-owned or leased, contractor-operated (GOCO) facilities. In 
general, the memorandum of understanding recognizes 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 facilities.
    Section 4(b)(1) of the Occupational Safety and Health Act of 1970, 
29 U.S.C. 653(b)(1), exempts from OSHA authority working conditions 
with respect to which other federal agencies have exercised statutory 
authority to prescribe or enforce standards or regulations affecting 
occupational safety or health. The 1992 MOU acknowledges DOE's 
extensive regulation of contractor health and safety which requires 
contractor compliance with all OSHA standards as well as additional 
requirements prescribed by DOE, and concludes with an agreement by the 
agencies that the provisions of the Occupational Safety and Health Act 
will not apply to GOCO sites for which DOE has exercised its authority 
to regulate occupational safety and health under the Atomic Energy Act.
    In light of DOE's policy emphasis on privatization activities, OSHA 
and DOE entered into a second Memorandum of Understanding on July 25, 
2000; that establishes interagency procedures to address regulatory 
authority for occupational safety and health at specified privatized 
facilities and operations on DOE sites. The 2000 Memorandum of Understanding 
specifically covers facilities and operations on lands that have been 
leased to private enterprises, 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.
    In a letter dated February 27, 2007, DOE requested that OSHA accept 
occupational safety and health regulatory authority at two locations 
pursuant to the MOU on Safety and Health Enforcement at Privatized 
Facilities and Operations, dated July 25, 2000. The request was for 
OSHA to accept regulatory oversight for the construction phase of the 
Theory and Computing Sciences (TCS) building at the Argonne National 
Laboratory in Illinois, as well as the transfer of oversight for six 
existing buildings and support facilities at the East Tennessee 
Technology Park (ETTP) in Oak Ridge, Tennessee.
    OSHA's Regional Office in Chicago, IL, working with OSHA's Aurora 
Area Office, determined that OSHA should accept authority for the 
construction phase of the Theory and Computing Sciences (TCS) building 
at the Argonne National Laboratory in Illinois. The Aurora Area Office 
has been in contact with the DOE, as well as with the general 
contractor, regarding the construction phase of the project. These 
offices are satisfied with DOE assurances that (1) this facility is 
operationally independent of DOE activities during the construction 
phase, (2) there is no likelihood that any employee exposure to 
radiation will be 25 millirems per year (mrem /yr) or more, and (3) the 
transfer of authority to OSHA is free from regulatory gaps, and does 
not diminish the safety and health protection of the employees. OSHA, 
therefore, accepted health and safety regulatory authority for the 
construction phase of the TCS building. When construction of the TCS is 
complete, DOE will contact OSHA to inform it of the type of work to be 
performed at the completed TCS.
    OSHA's Regional Office in Atlanta, GA, working with the OSHA 
Nashville Area Office, and the Tennessee Occupational Safety and Health 
Administration (TOSHA), determined that TOSHA is willing to accept 
authority for the six existing buildings and support facilities at the 
East Tennessee Technology Park in Oak Ridge, Tennessee that were 
transferred by deed to the Community Reuse Organization of East 
Tennessee (CROET). TOSHA is satisfied with DOE assurances that (1) 
there is no likelihood that any employee at these facilities 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. Therefore, TOSHA accepted and maintains health and 
safety regulatory authority over buildings K-1007, K-1225, K-1330, K-
1400, K-1580, K-1007A, and K-1036. Accordingly, after reviewing 
pertinent information, OSHA and TOSHA, in a letter to DOE dated 
December 18, 2007, agreed to accept regulatory authority for 
occupational safety and health over these sites.
    This Federal Register notice provides public notice and serves as 
an addendum to the 1992 OSHA/DOE MOU. This document was prepared under 
the direction of Thomas M. Stohler, Acting Assistant Secretary of Labor 
for Occupational Safety and Health, 200 Constitution Avenue, NW., 
Washington, DC 20210. This action is taken pursuant to section 8(g) of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 657(g)) and 
Secretary of Labor's Order No. 5-2007 (72 FR 31159).

    Signed at Washington, DC, December 15, 2008.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-31135 Filed 12-31-08; 8:45 am]

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