MEMORANDUM OF UNDERSTANDING

BETWEEN

THE NUCLEAR REGULATORY CON ISSION

AND

THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

WITH RESPECT TO

THE GASEOUS DIFFUSION PLANTS

I. LEGISLATION AND AUTHORITIES

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 enrichment 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 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 published 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 of 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

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.
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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. ThisMDoU 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

Working conditions at the GDPs involve both radiological and nonradiological 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

NRC is responsible for certifying two leased GDPs, as mandated by the

Act and other applicable statutes. 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 rulemaking; technical reviews and studies; conduct of

public hearings; issuance of compliance certificates; inspection,

investigation and enforcement; and evaluation of operating experience.

V. OSHA RESPONSIBILITIES

OSHA is responsible for administering the requirements established under

the OSH Act and OSHA standards. Under the OSH Act, employers have a general
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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. INPLEMENTATION

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 111. 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

solely 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:
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1. Referral to OSHA of Hazards Identified by NRC

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 Com1laints

NRC will refer worker safety or health complaints, related to nonradiological 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 to the extent

feasible.

E., To the extent practicable, OSHA inspectors will inform the NRC Site

Office, on arrival on site, of OSHA inspections in areas where combined

radiological and non-radiological hazards are present as described in

Paragraph 1I1. Findings from such inspections will be shared and coordinated

with NRC.

F. OSHA Regional Offices will inform the NRC Region 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 NationalTraining

Institute.

A. Each agency will conduct an inspection and enforcement program

within its responsibilities as warranted.
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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

incident 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 actions to

minimize duplicative enforcement actions and preclude duplicative civil

penalties.

VII I. CONTACTS

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

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.

•l~~tve Directort"

or Operations

Dated:

For the Occupational Safety and Health Administration.

604wA. Dear

Assi tant Secretary for

Occupational Safety and Health

Dated:7144