**NRC INSPECTION MANUAL** NMSS/FCSS

MANUAL CHAPTER 1007

INTERFACING ACTIVITIES BETWEEN

REGIONAL OFFICES OF NRC AND OSHA

1007-01 PURPOSE

This manual chapter implements the two Memoranda of Understanding
(MOUs), dated October 21, 1988, and July 26, 1996, between the U.S.
Nuclear Regulatory Commission (NRC) and the Occupational Safety and
Health Administration (OSHA).

1007-02 OBJECTIVES

02.01 To ensure that information concerning events, unsafe conditions,
and other matters dealing with occupational safety and health are
referred to facility management and to the proper agency.

02.02 To provide policy and interface guidelines for the exchange of
information at NRC Program and Regional Office levels of NRC and OSHA.

02.03 To provide for inspector involvement, during inspections of fuel
and materials facilities and operating/non-operating reactors, in the
identification and disposition of safety concerns in the area of OSHA
responsibility.

1007-03 BACKGROUND

There are four categories of hazards that may be associated with
NRC-regulated nuclear facilities:

-   Radiation risk produced by radioactive materials.

-   Chemical risk produced by radioactive materials.

-   Plant conditions that affect the safety of radioactive materials and
    thus present an increased radiation risk to workers. For example,
    such a condition might produce a fire or an explosion, and thereby
    cause a release of radioactive materials or an unsafe facility
    environment.

-   Plant conditions that result in an occupational risk, but do not
    affect the safety of licensed radioactive materials. For example,
    there might be exposure to toxic non-radioactive materials and other
    industrial hazards in the workplace.

Generally, NRC has jurisdiction over the first three categories listed
above and OSHA has jurisdiction over the fourth hazard. Although OSHA
has authority and responsibilities regarding the last listed category,
NRC supports them by reporting any such conditions it learns about to
the licensee, NRC, and OSHA so appropriate action(s) can be initiated.
Likewise, OSHA will inform the appropriate NRC Regional Office of
matters under NRC cognizance when they come to the attention of OSHA
through complaints or its inspections. This will help eliminate gaps in
worker protection in the area of safety and health, and help eliminate
duplication of efforts.

1007-04 RESPONSIBILITIES AND AUTHORITIES

04.01 [The Deputy Executive Director for Regulatory
Programs]{.underline}. Coordinates the development and resolution of
policy issues concerning Agency jurisdiction and operational relations
with the OSHA Director of Policy for NRC reactor, fuel cycle, materials
licensees, and certificate holders.

04.02 [Director, Office of Enforcement]{.underline}. Coordinates the
development and resolution of issues concerning enforcement activities
involving both NRC and OSHA jurisdiction, at NRC-regulated facilities,
with the OSHA Directorate of Compliance Programs.

04.03 [NRC Regional Administrators]{.underline}

a.  Designate at least one staff member to serve as an NRC Regional
    Office OSHA Liaison Officer.

b.  Inform the Director, Office of Enforcement, and Director, Nuclear
    Reactor Regulation (NRR), or Director, Nuclear Material Safety and
    Safeguards (NMSS), as appropriate, of any issues that raise
    questions concerning inspection or enforcement activities involving
    either NRC or OSHA jurisdiction at NRC-regulated facilities.

c.  Use the information provided by OSHA inspection insights, as
    appropriate; this may include evaluation and analysis of the
    information and onsite follow-up.

04.04 [NRC Regional Office OSHA Liaison Officer]{.underline}

a.  Serves as the principal point of contact between the NRC Regional
    Office and the appropriate OSHA Area and/or Regional Office.

b.  Provides advice and guidance to resident inspectors and to NRC
    Regional Office staff on potential non-radiological hazards observed
    during an inspection.

c.  Determines whether events and conditions having industrial safety
    significance, at NRC-regulated facilities, are to be reported to the
    appropriate OSHA Area and/or Regional Office.

d.  Ensures that events or conditions, having industrial or chemical
    safety significance at NRC-regulated material or fuel cycle
    facilities, which are reported to OSHA by NRC and/or licensee, are
    also reported to the NMSS OSHA Liaison Officer.

e.  Receives information on non-radiological hazards from the inspection
    staff as documented on the "NON-RADIOLOGICAL HAZARDS DATA SHEET"
    (App. A) and ensures records are maintained of that information and
    the interface activities with OSHA Area and/or Regional Offices.

04.05 [NMSS OSHA Liaison Officer]{.underline}

a.  Serves as the principal point of contact between NMSS and the
    appropriate NRC Regional Office for chemical safety issues
    identified at fuel cycle licensees.

b.  Provides advice and guidance to resident inspectors, NRC Regional
    Office Staff, and NMSS staff on potential chemical safety hazards
    observed during an inspection.

c.  Determines whether events and conditions having chemical safety
    significance, at fuel cycle licensees, are to be reported to OSHA
    Area and /or Regional Office through the NRC Regional OSHA Liaison
    Officer.

d.  Ensures that events or conditions, having chemical safety
    significance at NRC-regulated fuel cycle facilities, which are
    reported to OSHA by NRC and/or licensee, are also reported to the
    appropriate NRC Regional Office OSHA Liaison Officer.

04.06 [Inspectors]{.underline}

a.  [Region-based and NRR Headquarters (HQ) Inspectors]{.underline}.
    Notify licensee management and, as appropriate, the NRC Regional
    Office OSHA Liaison Officer of non-radiological hazards brought to
    their attention by licensee employees, or personally observed during
    an inspection.

b.  [NMSS HQ-based Inspectors]{.underline}. Notify licensee management
    and, as appropriate, NMSS OSHA Liaison Officer, of non-radiological
    hazards brought to their attention by licensee employees, or
    personally observed during an inspection.

c.  [Both Region and HQ-based Inspectors]{.underline}. Non-radiological
    hazards which have been brought to the NRC inspection staff's
    attention should be documented on the "NON-RADIOLOGICAL HAZARDS DATA
    SHEET" (App. A).

1007-05 REQUIREMENTS - GENERAL

05.01 Coordination of interface activities is to be handled at the
Regional Office level, or Program Office level for fuel cycle
facilities, of NRC and the appropriate area and/or Regional OSHA. If it
is a materials of fuel cycle facility related issue, then the NRC
Regional Office OSHA Liaison Officer shall also notify the NMSS OSHA
Liaison Officer.

05.02 When non-radiological safety concerns are not known to the
licensee and are observed during an inspection, the inspector is to
orally inform licensee management of such concerns and ocument the
observation on the attached data sheet. (See Appendix A.) For all
licensees, it is intended that NRC Region-based inspectors need
[not]{.underline} make a special followup inspection solely on the basis
of an OSHA issue, unless it affects radiological health and safety.

05.03 If a licensee employee provides information to an inspector
regarding non-radiological safety hazards, which are not being addressed
by the licensee, the inspector shall inform licensee management of the
employee\'s concern, withholding the employee\'s identity from licensee
management, and shall document the information on the data sheet in
Appendix A.

05.04 If significant safety concerns are identified or if the licensee
demonstrates a pattern of unresponsiveness to identified concerns, the
NRC Regional Office OSHA Liaison Officer

will inform the appropriate OSHA Area and/or Regional Office.

05.05 For nuclear power plants, when OSHA informs the NRC Regional
Office OSHA Liaison Officer of matters that are in NRC\'s purview, the
NRC Regional Office OSHA Liaison Officer shall notify the appropriate
Division Director (Division of Reactor Projects, Division of Reactor
Safety, or Division of Nuclear Materials Safety) who shall arrange for
prompt evaluation of the matter, such as Regional or Resident Inspectors
performing onsite follow-up, as appropriate, to verify the information
or the licensee\'s corrective action. The inspectors should report
significant findings in an inspection report.

05.06 To enhance the ability of NRC and OSHA personnel to identify
safety matters under each other's purview, OSHA will provide NRC
Regional personnel with basic chemical and industrial safety training,
while NRC will provide training in basic radiation safety to OSHA
personnel. For details of the mutual training arrangement, contact the
Technical Training Center.

1007-06 ADDITIONAL REQUIREMENTS - NUCLEAR POWER PLANTS

OSHA may provide the NRC Regional Office with information about a
nuclear power plant or site where increased licensee management
attention to worker safety is needed. Such information is normally based
on reports of injury or complaints at the particular location. The NRC
Regional or Resident Inspector will inform licensee management of the
information.

1007-07 GUIDANCE

07.01 A copy of the NRC - OSHA MOU dated October 21, 1988, is attached
as Appendix B. A copy of the NRC - OSHA MOU regarding gaseous diffusion
plants dated July 26, 1996, is attached as Appendix C.

07.02 Except for certain NRC-regulated fuel and materials facilities
described in 1007-07 and delineated in Inspection Manual Chapter (IMC)
-2600 and IMC-2800, no changes are required in inspection practices.
Although NRC does not conduct inspections of industrial safety in the
course of inspections of radiological and nuclear safety, NRC personnel
may identify safety concerns within the area of OSHA responsibility or
may receive complaints from an employee about OSHA-covered working
conditions.

07.03 It is important that all NRC personnel recognize and understand
that they are not to make enforcement decisions regarding activities
under the purview of OSHA. Thus, in discussing non-radiological safety
concerns with the licensee, inspectors are cautioned not to judge
whether a given condition is a violation of OSHA rules or regulations,
but are to point out concerns of apparently unsafe conditions, to
heighten licensee awareness.

07.04 For accidents involving a fatality or multiple hospitalizations,
the MOUs do not require NRC to report such matters to OSHA. But in
keeping with established practices, if the licensee refuses to report
these events to OSHA, the NRC Regional Office OSHA Liaison Officer will
inform the OSHA Area and/or Regional Office.

07.05 Communication with OSHA Area and/or Regional Offices usually done
by telephone, unless OSHA requests a written notification in a
particular case.

07.06 Time spent on meeting the requirements of this instruction should
be charged to IP 93001, \"OSHA Interface Activities.\"

1007-08 REPORTING REQUIREMENTS

08.01 The NRC inspector is to inform licensee management
[orally]{.underline} of:

a.  Identified safety concerns.

b.  Employee complaints of OSHA-covered working conditions.

c.  Report required to be submitted to OSHA, of accidents resulting in
    fatalities or multiple hospitalizations.

    08.02 The NRC inspector will generate a [written]{.underline}
    Non-Radiological Hazards Data Sheet

(App. A) for the inspection file, and provide a copy to the respective
NRC Office OSHA Liaison Officer for the following occurrences:

a.  For all occurrences of 08.01 a., b., or c. above.

b.  For significant recurring unsafe conditions, or patterns of
    unresponsiveness to previously identified concerns.

08.03 The NMSS OSHA Liaison Officer shall forward all Non-Radiological
Hazards Data Sheets to the NRC Regional Office OSHA Liaison Officer,
also in turn shall contact the appropriate OSHA Area and/or Regional
Office orally or in writing regarding all items that are identified by
inspectors and that have generated a Non-Radiological Hazards Data
Sheet.

4.  The NRC Regional Office OSHA Liaison Officer shall generate the
    following correspondence:

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a.  Written notification to the OSHA Area and/or Regional Office if one
    is requested after initial oral notification.

b.  Copies of all written correspondence associated with OSHA-related
    issues, except the referral of allegations or other allegation
    documentation, should be sent to the Chief, Inspection Program
    Branch, NRR; to the Chief, Operations Branch, Industrial and Medical
    Nuclear Safety and/or Fuel Cycle Safety and Safeguards, NMSS; as
    appropriate; and to the NMSS OSHA Liaison Officer.

08.05 Allegations from licensee employees that fall within the purview
of OSHA are to be handled in accordance with this section. Allegations
from the public are to be handled in accordance with Management
Directive 8.8, but are not to be entered in the Allegation Management
System.

END

Enclosures:

Appendix A, "Non-Radiological Hazards Data Sheet"

Appendix B, "Memorandum of Understanding Between

The U.S. Nuclear Regulatory Commission and

The Occupational Safety and Health Administration,"

> October 21, 1988

Appendix C, "Memorandum of Understanding Between

The U.S. Nuclear Regulatory Commission and

The Occupational Safety and Health Administration with

Respect to the Gaseous Diffusion Plants," July 26, 1996

+------------+------------+----------------------------+--------------+
| APPENDIX A |            |                            |              |
|            |            |                            |              |
| NON-RA     |            |                            |              |
| DIOLOGICAL |            |                            |              |
| HAZARDS    |            |                            |              |
| DATA SHEET |            |                            |              |
+------------+------------+----------------------------+--------------+
| PART I     |            |                            |              |
| -ISSUE     |            |                            |              |
+------------+------------+----------------------------+--------------+
| NRC        | Name:      |                            | License or   |
| Licensee/  |            |                            | Docket No.:  |
|            |            |                            |              |
| C          |            |                            |              |
| ertificate |            |                            |              |
| Holder     |            |                            |              |
+------------+------------+----------------------------+--------------+
|            | Facility   |                            |              |
|            | (if        |                            |              |
|            | Ap         |                            |              |
|            | plicable): |                            |              |
+------------+------------+----------------------------+--------------+
| D          |            |                            |              |
| escription |            |                            |              |
| of Issue:  |            |                            |              |
+------------+------------+----------------------------+--------------+
|            |            |                            |              |
+------------+------------+----------------------------+--------------+
| How issue  |            |                            |              |
| was        |            |                            |              |
| i          |            |                            |              |
| dentified: |            |                            |              |
+------------+------------+----------------------------+--------------+
|            |            |                            |              |
+------------+------------+----------------------------+--------------+
| Licensee   |            |                            |              |
| repr       |            |                            |              |
| esentative |            |                            |              |
| informed:  |            |                            |              |
|            |            |                            |              |
| > Name     |            |                            |              |
| > Title    |            |                            |              |
| > Date     |            |                            |              |
+------------+------------+----------------------------+--------------+
| Licensee   |            |                            |              |
| Comments:  |            |                            |              |
+------------+------------+----------------------------+--------------+
|            |            |                            |              |
+------------+------------+----------------------------+--------------+
| Other      |            |                            |              |
| persons    |            |                            |              |
| informed:  |            |                            |              |
+------------+------------+----------------------------+--------------+
|            |            |                            |              |
+------------+------------+----------------------------+--------------+
| I          |            | Telephone Number           | Date         |
| nspector's |            |                            |              |
| Signature  |            |                            |              |
+------------+------------+----------------------------+--------------+
| PART II    |            |                            |              |
| -FOLLOW-UP |            |                            |              |
+------------+------------+----------------------------+--------------+
| D          |            |                            |              |
| escription |            |                            |              |
| of         |            |                            |              |
| immediate  |            |                            |              |
| corrective |            |                            |              |
| action     |            |                            |              |
| taken, if  |            |                            |              |
| any:       |            |                            |              |
+------------+------------+----------------------------+--------------+
|            |            |                            |              |
+------------+------------+----------------------------+--------------+
| I          |            | Telephone                  | Date         |
| nspector's |            |                            |              |
| Signature  |            |                            |              |
+------------+------------+----------------------------+--------------+
| PART III - |            |                            |              |
| OSHA       |            |                            |              |
| CONTACT    |            |                            |              |
+------------+------------+----------------------------+--------------+
| OSHA       |            | Date informed:             |              |
| informed:  |            |                            |              |
| Yes No     |            |                            |              |
+------------+------------+----------------------------+--------------+
| Off        |            | OSHA Office:               | Date:        |
| ice/Person |            |                            |              |
| Contacted: |            |                            |              |
|            |            |                            |              |
| Tel. No.:  |            |                            |              |
+------------+------------+----------------------------+--------------+
| NRC OSHA   |            |                            |              |
| Liaison    |            |                            |              |
| Officer    |            |                            |              |
+------------+------------+----------------------------+--------------+

APPENDIX B

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE U.S. NUCLEAR REGULATORY COMMISSION

AND

THE OCCUPATIONAL SAFETY AND HEALTH AD­MINISTRATION

[PURPOSE AND BACKGROUND]{.underline}

1\. The purpose of this Memorandum of Understanding between the U.S.
Nuclear Regulatory Commission (NRC) and the Occupational Safety and
Health Administration (OSHA) is to delineate the general areas of
responsibility of each agency; to describe generally the efforts of the
agencies to achieve worker protection at facilities licensed by NRC; and
to provide guidelines for coordination of interface activities between
the two agencies. If NRC licensees observe OSHA\'s standards and
regulations, this will help minimize workplace hazards.

2\. Both NRC and OSHA have jurisdiction over occupational safety and
health at NRC‑licensed facilities. Because it is not always practical to
sharply identify boundaries between the nuclear and radiological safety
NRC regulates and the industrial safety OSHA regulates, a coordinated
interagency effort can ensure against gaps in the protection of workers
and at the same time, avoid duplication of effort. This memorandum
replaces an existing procedure for interagency activities, \"General
Guidelines for Interface Activities between the NRC Regional Offices and
the OSHA.\"

[HAZARDS ASSOCIATED WITH NUCLEAR FACILITIES]{.underline}

3\. There are four kinds of hazards that may be associated with
NRC‑licensed nuclear facilities:

> a\. Radiation risk produced by radioactive materials;
>
> b\. Chemical risk produced by radioactive materials;
>
> c\. Plant conditions which affect the safety of radioactive materials
> and thus present an increased radiation risk to workers. For example,
> these might produce a fire or an explosion, and thereby cause a
> release of radioactive materials or an unsafe reactor condition; and,
>
> d\. Plant conditions which result in an occupational risk, but do not
> affect the safety of licensed radioactive materials. For example,
> there might be exposure to toxic nonradioactive materials and other
> industrial hazards in the workplace.

Generally, NRC covers the first three hazards listed in paragraph 3 (a,
b, and c), and OSHA covers the fourth hazard described in paragraph 3
(d). NRC and OSHA responsibilities and actions are described more fully
in paragraphs 4 and 5 below.

[NRC RESPONSIBILITIES]{.underline}

4\. NRC is responsible for licensing and regulating nuclear facilities
and materials and for conducting research in support of the licensing
and regulatory process, as mandated by the Atomic Energy Act of 1954, as
amended; the Energy Reorganization Act of 1974, as amended; and the
Nuclear Nonproliferation Act of 1978; and in accordance with the
National Environmental Policy Act of 1969, as amended, and other
applicable statutes. These NRC responsibilities cover the first three
nuclear facility hazards identified in paragraph 3 (a, b, and c). NRC
does not have statutory authority for the fourth hazard described in
paragraph 3 (d).

> NRC responsibilities include protecting public health and safety;
> protecting the environment; protecting and safeguarding materials and
> plants in the interest of national security; and assuring conformity
> with antitrust laws for certain types of facilities,(e.g., nuclear
> power reactors). Agency functions are performed through:
> standards‑setting and rulemaking; technical reviews and studies;
> conduct of public hearings; issuance of authorizations, permits and
> licenses; inspection, investigation and enforcement; evaluation of
> operating experience; and confirmatory research.

[OSHA RESPONSIBILITIES]{.underline}

5\. OSHA is responsible for administering the requirements established
under the Occupational Safety and Health Act (OSH Act) (29 U.S.C. 651
[et]{.underline} [seq]{.underline}.), which was enacted in 1970. OSHA\'s
authority to engage in the kinds of activities described below does not
apply to those workplace safety and health conditions for which other
Federal agencies exercise statutory authority to prescribe and enforce
standards, rules, or regulations.

> Under the OSH Act, every employer has a general duty to furnish each
> employee with a place of employment that is free from recognized
> hazards that can cause death or serious physical harm and to comply
> with all OSHA standards, rules, and regulations.
>
> OSHA standards contain requirements designed to protect employees
> against workplace hazards. In general, safety standards are intended
> to protect against traumatic injury, while health standards are
> designed to address potential overexposure to toxic substances and
> harmful physical agents, and protect against illnesses which do not
> manifest themselves for many years after initial exposure.
>
> OSHA standards cover 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.
>
> It is estimated that the Act covers nearly 6 million workplaces
> employing more than 80 million workers. Federal OSHA covers
> approximately three‑fifths, or four million, of these workplaces.
> States which operate OSHA‑approved job safety and health programs, or
> \"Plans,\" cover the remainder.
>
> OSHA State Plan States are encouraged, but not required, to delineate
> their authority for occupational safety and health at NRC‑licensed
> facilities in the same manner as Federal OSHA.
>
> The OSHA areas of responsibility described in this memorandum are
> subject to all applicable requirements and authorities of the OSH Act.
> However, the industrial safety record at NRC‑licensed nuclear power
> plants is such that OSHA inspections at these facilities are conducted
> normally as a result of accidents, fatalities, referrals, or worker
> complaints.

[INTERFACE PROCEDURES:]{.underline}

6\. In recognition of the agencies\' authorities and responsibilities
enumerated above, the following procedures will be followed:

> Although NRC does not conduct inspections of industrial safety, in the
> course of inspections of radiological and nuclear safety, NRC
> personnel may identify safety concerns within the area of OSHA
> responsibility or may receive complaints from an employee about
> OSHA‑covered working conditions. In such instances, NRC will bring the
> matter to the attention of licensee management. NRC inspectors are not
> to perform the role of OSHA inspectors; however, they are to elevate
> OSHA safety issues to the attention of NRC Regional management when
> appropriate. If significant safety concerns are identified or if the
> licensee demonstrates a pattern of unresponsiveness to identified
> concerns, the NRC Regional Office will inform the appropriate OSHA
> Regional Office. In the case of complaints, NRC will withhold, from
> the licensee, the identity of the employee. In addition, when known to
> NRC, NRC will encourage licensees to report to OSHA accidents
> resulting in a fatality or multiple hospitalizations.
>
> When such instances occur within OSHA State Plan States\'
> jurisdiction, the OSHA Regional Office will refer the matter to the
> State for appropriate action.

7\. 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 or
through complaints. The following are examples of matters that would be
reported to NRC:

> a\. Lax security control or work practices that would affect nuclear
> or radiological health and safety.
>
> b\. Improper posting of radiation areas.
>
> c\. Licensee employee allegations of NRC license or regulation
> viola­tions.

8\. NRC and OSHA need not normally conduct joint inspections at
NRC‑licensed facilities. However, under certain conditions, such as
investigations or inspections following accidents, or resulting from
reported activities, as discussed in items 6 and 7 above, it may be
mutually agreed on a case‑by‑case basis that joint investigations are in
the public interest.

9\. The chemical processing of nuclear materials at some NRC‑licensed
fuel and materials facilities presents chemical and nuclear operational
safety hazards which can best be evaluated by joint NRC‑OSHA team
assessments. Each agency will make its best efforts to support such
assessments at about 20 facilities once every five years. Of these
facilities, about one‑third are in the OSHA Plan States. OSHA will also
assist in promoting such participation by State personnel in OSHA Plan
States.

10\. Based upon reports of injury or complaints at nuclear power plant
sites, OSHA will provide NRC with information on those sites where
increased management attention to worker safety is needed. NRC will
bring such information indicating significant breakdown in worker safety
to the attention of licensee management and monitor corrective actions.
This will not interfere with OSHA authority and responsibility to
investigate industrial accidents and worker complaints.

11\. Power reactor sites are inspected by NRC Region‑based and Resident
Inspectors. Personnel from NRC Regional Offices routinely conduct
inspections at most fuel and materials licensed facilities. In order to
enhance the ability of NRC personnel to identify safety matters under
OSHA purview during nuclear and radiological safety inspections, OSHA
will provide NRC Regional personnel with basic chemical and industrial
safety training and indoctrination in OSHA safety standards, consistent
with ongoing OSHA training programs. To enhance the ability of OSHA and
State Plan personnel to effectively participate in the Operational
Safety Team Assessments, NRC will provide training in basic radiation
safety requirements, consistent with ongoing NRC training programs.
Details of such training will be as mutually agreed on by the NRC
Technical Training Center and the OSHA National Training Institute.

12\. Resolution of policy issues concerning agency jurisdiction and
operational relations will be coordinated by the NRC Deputy Executive
Director for Operations, and by the OSHA Director of Policy. Appropriate
Headquarters points of contact will be established.

13\. Resolution of issues concerning inspection and enforcement
activities involving both NRC and OSHA jurisdiction at NRC‑licensed
facilities will be handled between NRC\'s Office of Enforcement and
OSHA\'s Directorate of Compliance Programs. Each NRC and OSHA Regional
Office will designate points of contact for carrying out interface
activities.

FOR THE NUCLEAR REGULATORY COMMISSION FOR THE OCCUPATIONAL

> SAFETY AND HEALTH ADMINISTRATION

\_\_[(Original signed by)]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
[(Original signed by)]{.underline} \_

Victor Stello, Jr. John A. Pendergrass

Executive Director for Operations Assistant Secretary

October 21, 1988

APPENDIX C

MEMORANDUM OF UNDERSTANDING BETWEEN

THE NUCLEAR REGULATORY COMMISSION AND

THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

WITH RESPECT TO THE GASEOUS DIFFUSION PLANTS

I.  [LEGISLATION AND AUTHORITIES]{.underline}

The Atomic Energy Act of 1954, as amended by the Energy Policy Act of
1992 (the Act), created the United States Enrichment Corporation (USEC),
a government corporation, to manage and operate the two uranium gaseous
diffusion plants (GDPs) in Paducah, Kentucky, and Piketon, Ohio, owned
and previously operated by the U.S. Department of Energy (DOE). Pursuant
to the Act, on July 1, 1993, USEC began leasing from DOE substantial
operating portions of the two GDPs. Section 1312 of the Act requires
USEC to be subject to and comply with the Occupational Safety and Health
Act (OSH Act) in the same manner, and to the same extent, as an employer
is subject to the OSH Act, notwithstanding sections 3(5), 4(b)(1), and
19, of the OSH Act.

In addition, the Act requires the U.S. Nuclear Regulatory Commission
(NRC) to promulgate standards applicable to the GDPs, to protect the
public health and safety from radiological hazards, and to provide for
the common defense and security. NRC must establish an annual
certification process for compliance with these standards. NRC publishes
its final standards, 10 CFR Part 76, "Certification of Gaseous Diffusion
Plants," on September 23, 1994 (59 FR 48944). NRC will assume regulatory
oversight responsibility with respect to USEC's compliance with the Part
76 standards after NRC completes the first compliance certification
process.

The USEC Privatization Act, signed into law on April 26, 1996, provides
for establishment for a private corporation to succeed USEC. The USEC
Privatization Act specifies that the private corporation will be subject
to the OSH Act, but the exceptions to sections 3(5), 4(b)(1), and 19
were removed with respect to the private successor. Furthermore, the
USEC Privatization Act requires NRC and Occupational Safety and Health
Administration (OSHA) to enter into a memorandum of agreement, within 90
days of enactment of the Privatization Act, to govern the exercise of
their authority over occupational safety and health at the GDPs.

II. [BACKGROUND AND PURPOSE]{.underline}

    A.  Both NRC and OSHA have responsibilities concerning occupational
        safety and health at GDPS. Because it is not always practical to
        sharply identify boundaries between the nuclear and radiological
        safety regulated by NRC and the industrial safety regulated by
        OSHA, the two agencies have agreed to coordinate their
        regulatory programs to assure worker safety, avoid regulatory
        gaps in the protection of workers, and avoid duplicative
        regulation.

    B.  The purpose of this Memorandum of Understanding (MOU) between
        NRC and OSHA is to delineate the general areas of responsibility
        of each agency; to describe generally the efforts of the
        agencies to achieve worker protection; and to provide guidelines
        for coordination of interface activities between the two
        agencies at the GDPs. The MOU applies both to USEC and any
        private successor corporation.

    C.  DOE remains the owner of the GDP sites and facilities, and
        continues to conduct and regulate activities at the sites that
        are outside NRC jurisdiction. This MOU does not apply to DOE
        facilities that are not leased, and does not affect
        jurisdictional issues between OSHA and DOE.

III. [HAZARDS ASSOCIATED WITH GDPS]{.underline}

Working conditions at the GDPs involve both radiological and
non-radiological occupational hazards. Frequently, conditions involve a
combination of these hazards. Examples are: (1) radioactive materials
and other chemicals, in the same work area, that present potential
radiological and chemical hazards; (2) hazardous chemicals that could
adversely affect radiological safety or could be released from the
processing of radioactive materials; and (3) a fire or explosion hazard
that could cause a release of radioactive material and other hazardous
chemicals.

In general, NRC will apply its standards to working conditions involving
radiological hazards, OSHA will apply its standards to working
conditions involving non-radiological hazards, and both agencies will
apply their standards to conditions involving a combination of hazards.
NRC and OSHA will coordinate their efforts, as specified in this
memorandum.

IV. [NRC RESPONSIBILITIES]{.underline}

NRC is responsible for certifying two leased GDPs, as mandated by the
Act and other applicable statues. NRC will conduct compliance
certification in accordance with 10 CFR Part 76. This will include
regulation of radiological hazards and any other hazards that may affect
radiological safety of the facilities.

NRC's responsibilities include protecting public health and safety,
including workers, and protecting and safeguarding materials and plants
in the interest of national security. Agency functions are performed
through: standards-setting and rule-making; technical reviews and
studies; conduct of public hearings; issuance of compliance
certificates; inspection, investigation and enforcement; and evaluation
of operating experience.

V.  [OSHA RESPONSIBILITIES]{.underline}

OSHA is responsible for administering the requirements established under
the OSH Act and OSHA standards. Under the OSH Act, employers have a
general duty to furnish each employee with a place of employment that is
free from recognized hazards that can cause death or serious physical
harm and to comply with all OSHA standards, rules, and regulations. OSHA
standards contain requirements designed to protect employees against
workplace hazards. Under the OSH Act, OSHA is authorized among other
things to conduct workplace health and safety inspections, including
inspections in response to employee complaints, and to issue citations
and conduct enforcement actions.

Section 1312 of the Energy Policy Act contains certain exceptions to the
OSH Act as applied to USEC. The USEC Privatization Act deleted these
exceptions with respect to application of the OSH Act to a private
corporation which succeeds USEC.

VI. [IMPLEMENTATION]{.underline}

In recognition of the agencies' authorities and responsibilities
enumerated above, the following procedures will be followed:

A.  NRC will apply its standards in inspection and enforcement of
    working conditions involving radiological hazards or combined
    hazards, as described in Paragraph III. OSHA will apply its
    standards in inspection and enforcement of working conditions
    involving non-radiological hazards or combined hazards, as described
    in Paragraph III. OSHA will not normally conduct enforcement actions
    with regard to GDP working conditions that involve radiological
    hazards.

B.  It is not intended that either agency will in any way be restricted
    from regulating safety within their respective jurisdictions. If NRC
    or OSHA identifies, or is notified by the operator of, a conflict
    between NRC and OSHA requirements, both agencies will work together
    to resolve the concern promptly.

C.  NRC has established a permanent site office and assigned full-time
    inspectors at each GDP, and plans to continue this arrangement for
    the foreseeable future. The results of NRC inspections will be
    provided to OSHA on request, subject to applicable procedures to
    protect classified and proprietary information. The information will
    also be available in NRC local public document rooms, and available
    to GDP workers on request, except for any portions containing
    classified, proprietary, private, or other information withheld from
    the public in accordance with applicable laws and regulations. NRC
    resident inspectors will also be available to discuss working
    conditions with workers.

D.  Although NRC does not conduct inspections exclusively focused on
    non-radiological safety, in the course of inspections related to
    radiological hazards or combined hazards, NRC personnel may identify
    non-radiological worker safety concerns. NRC will bring the
    identified matters to the attention of GDP management. Significant
    worker safety concerns will be documented in writing and made
    available as specified in Paragraph VI. C. In addition, OSHA will be
    informed as follows:

    1.  [Referral to OSHA of Hazards Identified by NRC]{.underline}

> If non-radiological worker safety concerns are identified by NRC, or
> if USEC demonstrates a pattern of unresponsiveness to non-radiological
> worker safety concerns identified by others, NRC will inform the
> appropriate OSHA Regional Office.

2.  [Referral to OSHA of Worker Safety and Health
    Complaints]{.underline}

> NRC will refer worker safety or health complaints, related to
> non-radiological or combined hazards, to the appropriate OSHA Regional
> Office in accordance with existing NRC procedures. These procedures
> provide for protection of the identity of the complainant and are
> coordinated with NRC.

E.  To the extent practicable, OSHA inspectors will inform the site
    office, on arrival on site, of OSHA inspections in areas where
    combined radiological and non-radiological hazards are present, as
    described in Paragraph III. Findings from such inspections will be
    shared and coordinated with NRC.

F.  OSHA Regional Offices will inform the NRC Regional III Office or
    site office of matters related to radiological hazards or combined
    hazards, when such matters come to their attention during
    inspections or through complaints. Workers' complaints falling
    within NRC jurisdiction will be handled by NRC in accordance with
    existing procedures.

G.  Worker representatives may accompany NRC inspectors on inspections
    of working conditions as provided in 10 CFR Part 19. Worker
    representatives may accompany OSHA inspectors as provided in 29 CFR
    Part 1903.

H.  The employee protection provisions in Section 211 of the Energy
    Reorganization Act of 1974, as amended, 10 CFR Part 76.7, and
    Section 11(c) of the OSH Act, are applicable to employees of USEC
    and contractors at its administered facilities.

I.  In recognition of the fact that both NRC and OSHA will conduct
    inspections in areas where combined hazards are present, OSHA will
    provide NRC personnel with basic chemical and industrial safety
    training in OSHA safety standards, consistent with ongoing OSHA
    training programs and resource constraints. Also, NRC will provide
    OSHA personnel with training in basic radiation safety requirements,
    consistent with ongoing NRC training programs and resource
    constraints. Details of such training will be as mutually agreed to
    by the NRC Technical Training Center and the OSHA National Training
    Institute.

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VII. [ENFORCEMENT]{.underline}

     A.  Each agency will conduct an inspection and enforcement program
         within its responsibilities, as warranted.

     B.  Each agency will take enforcement actions as it deems
         appropriate within the limits of its authorities. Upon
         completion of any NRC and/or OSHA inspections/investigations
         associated with the same set of facts or the same incidents for
         which either agency intends to take enforcement action, NRC and
         OSHA will consult with each other on the results of their
         respective inspections and will jointly define the scope of
         enforcement action to minimize duplicative enforcement actions
         and preclude duplicative civil penalties.

VIII. [CONTACTS]{.underline}

NRC and OSHA will designate appropriate contacts for implementation of
this memorandum. A list of OSHA contacts will be provided to the
Director, Office of Nuclear Material Safety and Safeguards, NRC. A list
of NRC contacts will be provided to the Director of Policy, OSHA.

IX. [EFFECTIVE DATE, REVISION, AND TERMINATION]{.underline}

This memorandum shall be effective upon signature by authorized
representatives of the respective agencies, and shall continue in effect
until revised by mutual agreement, unless terminated by either party
upon 120 days notice in writing.

For the Nuclear Regulatory Commission.

[(Original signed by)]{.underline}

James M. Taylor

Executive Director for Operations

Dated: July 26, 1996

For the Occupational Safety and Health Administration.

[(Original signed by)]{.underline}

Joseph A. Dear

Assistant Secretary for Occupational Safety and Health

Dated: July 26, 1996