UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, D. C. 20555

December 23, 1988

NRC Information-Notice No. 88-100: MEMORANDUM OF UNDERSTANDING BETWEEN NRC AND

OSHA RELATING TO NRC-LICENSED FACILITIES

(53 FR 43950, OCTOBER 31, 1988)

Addressees:

All major nuclear materials licensees and utilities holding construction permits

and operating licenses.

Purpose: -

This notice is-intended to inform all licensees of a new Memorandum of

Understanding (.MOU) between NRC and the U.S. Occupational Safety and

Health Administration.(OSHA) that provides guidelines for coordination

of interface activities between the two Agencies. It is expected that

licensees will review this information, and distribute the notice to

responsible radiation safety and Industrial hygiene staffs. However,

suggestions contained in this information notice do not constitute new

NRC requirements, and no written response is required.

Discussion:

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 that NRC

regulates and industrial safety that OSHA regulates, a coordinated interagency effort can ensure against gaps in the protection of workers, and at

the same time, avoid duplication of effort. The new MOU replaces an existing

procedure which outlined the NRC's and OSHA's interagency activities.

Although NRC does not specifically examine industrial safety during 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 or monitor

corrective action 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. Also, when known, NRC inspectors will encourage

licensees to report to OSHA accidents resulting in a fatality or multiple

hospitalizations. It is not the intent of the Commission that NRC inspectors

perform the role of OSHA inspectors; however, they are to elevate OSHA safety

issues to the attention of OSHA Regional management when appropriate.

8812190319 -ZA PZ W I c
Em,

IN 88-100

December 23, 1988

Page 2 of 2

Similarly, OSHA Regional Offices will inform the appropriate NRC Regional

Office of matters which are in the purview of NRC, when these matters come

to their attention during Federal or State safety and health inspections

or through complaints.

The Memorandum of Understanding between NRC and OSHA is enclosed for your

information.

No written response is required by this notice. If you have any questions

about this information notice, please contact the appropriate NRC regional

office or this office.

card E. Cun am, Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material

Safety and Safeguards

Technical Contacts: Glen L. Sjoblom, NNSS

(301) 492-3430

Frederick J. Hebdon, NRR

(301) 492-1243

Attachments:

1. Memorandum of Understanding from the Federal

Register Dated October 31, 1988

2. List of Recently Issued NRC Information Notices
Attachment 1

IN 88-100

December 23, 1988 Page 1 of 1

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE U.S. NUCLEAR REGULATORY COMMISSION

AND

THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

PURPOSE AND BACKGROUND

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 the 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

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 hazard.s 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

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

5. OSHA is responsible for administering the requirements established under the Occupational Safety and Health Act (OSH Act) (29 U.S.C. 651 et seq.), which was enacted in 1970. OSHA's authority to engage in the kiias--T 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 OR 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.
- 3 -

INTERFACE PROCEDURES:

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 the 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. The NRC and OSHA need not normally conduct joint inspections at NRClicensed 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. The 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.
- 4 -

11. Power reactor sites are inspected by NRC Region-based and Resident

Inspectors. Personnel from NRC Regional Offices routinely conduct inspec- tions 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 train- Ing 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 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

victhnA. Pendergrass Executive I rect + for Operations Assistant Secretary

October 21, 1988
Attachment 2

IN 88-100

December 23, 1988

Page 1 of 1

LIST OF RECENTLY ISSUED

NRC INFORNATION NOTICES

Intormation Date ot

Notice No. Subject Issuance Issued to

88-99

88-98

88-97

88-96

88-95

Detection and Monitoring

of Sudden and/or Rapidly

Increasing Primary-toSecondary Leakage

Electrical Relay Degradation

Caused by Oxidation of

Contact Surfaces

Potentially Substandard

Valve Replacement Parts

Electrical Shock Fatalities

at Nuclear Power Plants

Inadequate Procurement

Requirements Imposed by

Licensees on Vendors

Potentially Undersized

Valve Actuators

Teletherapy Events

Potential for Spent Fuel

Pool Draindown

Improper Administration

and Control of

Psychological Tests

12/20/88

12/19/88

12/16/88

12/14/88

12/8/88

12/2/88

12/2/88

11/22/88

11/22/88

All holders of OLs

or CPs for PWRs.

All holders of OLs

or CPs for nuclear

power reactors.

All holders of OLs

or CPs for nuclear

power reactors.

All holders of OLs

or CPs for nuclear

power reactors.

All holders of OLs

or CPs for nuclear

power reactors.

All holders of OLs

or CPs for nuclear

power reactors.

All NRC medical

licensees.

All holders of OLs

or CPs for nuclear

power reactors.

All holders of OLs

or CPs for nuclear

power reactors and

all fuel cycle facility

licensees who possess,

use, import, export,

or transport formula

quantities of strategic

special nuclear material.

88-94

88-93

88-92

88-91

OL = Operating License

CP - Construction Permit
IN 88-

December 1988

Page 2 of 2

Similarly, OSHA Regional Offices will inform the appropriate NRC Regional Office

of matters which are in the purview of NRC, when these matters come to their

attention during Federal or State safety and health inspections or through

complaints.

The Memorandum of Understanding between NRC and OSHA is enclosed for your

information.

No written response is required by this Notice. If you have any questions

about this Information Notice, please contact the appropriate NRC Regional

Office or this office.

Richard E. Cunningham, Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material

Safety and Safeguards

Technical Contacts: Glen L. Sjoblom, NMSS

(301) 492-3430

Frederick J. Hebdon, NRR

(301) 492-1243.

Enclosures:

1. Memorandum of Understanding from the Federal

Register Dated October 31, 1988.

2. List of Recently Issued NRC Information Notices

Ed i tor

Ellen Kraus

11/12 /88

Mary King

12/ /88

NAME:WTh6mp'sbn J tMr-tr Q p JHR14ey FHebdon G. m RECV j >a1 -1

DATE: 12/ij/88 12/11/88 1//88 12/1(/88 12//I88 12/lb/88 12/11/88

OFFICIAL RECORD COPY
IN 88-

December 1988

Page 2 of 2

Similarly, 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 Memorandum of Understanding between NRC and OSHA is enclosed for your

information.

No written response is required by this Notice. If you have any questions

about this Information Notice, please contact the appropriate NRC Regional

Office or this office.

Richard E. Cunningham, Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material

Safety and Safeguards

Technical Contacts: Glen L. Sjoblom, NMSS

(301) 492-3430

Frederick J. Hebdon, NRR

(301) 492-1243

Enclosures:

1. Memorandum of Understanding from the Federal

Register Dated October 31, 1988.

2. List of Recently Issued NRC Information Notices

Editor 4

Ellen kraus Mary King

11/12 /88 12/ /88

OFC :IMOB IMOB IMOB IMOB NRR IMNS IMNS -____________________________________________________________________________________

NAME:WThompson JMetzer DCool JHickey FHebdon GSjoblom RECunningham _____________________________________________________________________________________

DATE: 12/ /88 12/ /88 12/ /88 12/ /88 12/ /88 12/ /88 12/ /88

___________________________________________________OFFICIAL_______RECORD______COPY__

OFFICIAL RECORD COPY