January 15, 1985
|OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.|
For information and guidance, we are forwarding material relating to interface activities between the Nuclear Regulatory Commission (NRC) and OSHA. This material should assist you when situations arise as addressed in the FOM, Chapter III, paragraph D.6.a., pages III-33 and 34, subject: Preemption by another agency.
||JOHN B. MILES, JR., DIRECTOR|
DIRECTORATE OF FIELD OPERATIONS
||OSHA/NRC Interface Activities and Related Information|
Last year, discussions were held with NRC, and both agencies reaffirmed procedures for interface activities. Attachment 1 is a copy of NRC's Chapter 1007 of their Inspection and Enforcement Manual, which delineates the procedures. Attachment 2 is a listing of the NRC Regional Offices with addresses, names and telephone numbers. Attachment 3 is a copy of an NRC Memo to their regions, dated November 2, 1984, subject: OSHA Interpretation: Beards and Tight-Fitting Respirators.
Interface between OSHA and NRC is conducted at the Regional Office level. State plan States should be encouraged similarly to coordinate referrals to and from NRC through the OSHA Regional Office. Any referral from NRC dealing with situations in State plan State jurisdiction should be referred by the Regional Office to the State for appropriate action. The Office of General Industry Enforcement should be contacted whenever jurisdictional issues in either Federal enforcement or State plan States arise that cannot be resolved at the Regional level.
A copy of this memorandum and the attached NRC guidance should be provided to each State designee, and the policies established discussed, as appropriate. Should you have any questions, contact [the Directorate of Enforcement Programs, Office of General Industry Enforcement at (202) 693-1850].
[Corrected 10/22/2004. The NRC Manual Chapter 1007 was revised on 2/11/2004. It is available through the NRC's web site at www.nrc.gov.]
NUCLEAR REGULATORY COMMISSION
OFFICE OF INSPECTION AND ENFORCEMENT
WASHINGTON, D.C. 20555
INSPECTION AND ENFORCEMENT MANUAL
MANUAL CHAPTER 1007
INTERFACING ACTIVITIES BETWEEN REGIONAL OFFICES AND OSHA
This manual chapter establishes a method for communicating occupational safety and health information between the Regional Offices and the appropriate organization of OSHA (Occupational Safety and Health Administration of the U.S. Department of Labor).
1007-03 RESPONSIBILITIES AND AUTHORITIES
- 02.01 To ensure that information concerning events, unsafe conditions and other matters dealing with occupational safety and health are referred to the proper agency for action.
- 02.02 To provide policy and interface guidelines for the exchange of information at the Regional level.
1007-04 BASIC REQUIREMENTS
- 03.01 Director, Division of Quality Assurance, Safeguards, and Inspection Programs. Coordinates the development and resolution of policy matters concerning operational relations with the [Office of General Industry Enforcement], OSHA.
- 03.02 Regional Administrators
- Exchange information concerning events, unsafe conditions, and other matters with OSHA as appropriate.
- Use the information provided by OSHA as appropriate; this may include evaluation and analysis of the information and on-site follow-up.
- 04.01 General Guidelines for Interface Activities are contained in the Appendix to this Manual Chapter.
- 04.02 Communications will generally be on a Regional level. The information exchanged between NRC elements and OSHA should be communicated orally. Formal reports of events or conditions by NRC and OSHA are not encouraged. Regions may document safety matters of concern in a memorandum to File.
- 04.03 Regional personnel shall
- Notify OSHA Regional Offices of events and conditions believed to have industrial safety significance in accordance with the guidelines of the Appendix.
- Receive and analyze information reported by OSHA in accordance with the guidelines of the Appendix.
- Information should receive prompt evaluation. Appropriate portions of Inspection Procedures 90712 and 93701 describe an acceptable method for this evaluation.
- Perform onsite followup as appropriate to initiate or verify proper licensee corrective action. Report significant finding in inspection reports.
- Inform the Division of Quality Assurance, Safeguards, and Inspection Programs of apparent inaction (OSHA or licensee) regarding events and conditions reported to OSHA.
- Inform the Division of Quality Assurance, Safeguards, and Inspection Programs of disagreements between Regional Offices and OSHA.
- The notification indicated in c and d above should be made by memorandum with a copy to the cognizant Headquarters Division in the Office of Inspection and Enforcement
INTERFACING ACTIVITIES BETWEEN REGIONAL OFFICES AND OSHA APPENDIX, 1007
GENERAL GUIDELINES FOR INTERFACE ACTIVITIES
BETWEEN THE NRC REGIONAL OFFICES AND THE OSHA OFFICE OF GENERAL INDUSTRY Enforcement
- The NRC Regional Offices are responsible for assessing radiological health and safety in work areas for NRC-licensed facilities and NRC licensees. This also includes inspection of security and environmental protection matters affecting NRC licensed facilities and activities.
- OSHA has responsibility for nonradiological health and safety in the work areas of NRC-licensed facilities and NRC licensees, including inspections.
- OSHA covers employee exposures from all radiation sources not regulated by NRC. Examples include x-ray equipment, accelerators, accelerator-produced materials, electron microscopes, and betatrons, and naturally occurring radioactive materials such as radium.
- NRC Regional Office personnel will inform the appropriate OSHA Regional Office of matters in the OSHA area of responsibility which come to their attention during the conduct of NRC activities. The following are examples of matters that would be reported to OSHA.
- Serious injuries or fatalities of workers.
- The existence of safety and health hazards to workers, including radiological hazards from activities not licensed by the NRC.
NOTE: When such instances occur within OSHA State Plan States' jurisdiction, the OSHA Regional Office will refer the matter to the State for appropriate action.
- OSHA Regional Offices will inform the appropriate NRC Regional Office of matters which are in the purview of NRC when these come to their attention during federal or State safety and health inspections associated with NRC-licensed activities. The following are examples of matters that would be reported to the NRC:
- Lax security control or work practices that would impact on radiological health and safety.
- Improper posting of radiation areas.
- Allegations by licensee employees of NRC license or regulation violations.
- The NRC and OSHA will not normally conduct joint inspections at NRC-licensed facilities. However, under certain conditions, such as investigations resulting from reported activities as discussed in Items 4 and 5 above, it may be mutually agreed that joint inspections are in the public interest.
- The OSHA [Office of General Industry Enforcement] which handles enforcement interface relations with other governmental organizations is cognizant of the NRC role. Resolution and establishment of policy matters associated with enforcement interface relations for NRC-licensed activities should be handled between the [Office of General Industry Enforcement], OSHA, and the Office of Inspection and Enforcement, NRC.
- The OSHA contact is [contact the Office for the current liaison], [Office of General Industry Enforcement]. The contact for the Office of Inspection and Enforcement is either the Section Chief, LeMoine J. Cunningham, or Branch Chief of the Operating Reactor Programs Branch.