Editorial Note on Part 851
Editorial Note: Nomenclature changes to part 851 appear at 88 FR 41293, June 26, 2023.

§ 851.11 Development and approval of worker safety and health program. ( a ) *Preparation and submission of worker safety and health program.* By February 26, 2007, contractors must submit to the appropriate Head of DOE Field Element for approval a written worker safety and health program that provides the methods for implementing the requirements of subpart C of this part. ( 1 ) If a contractor is responsible for more than one covered workplace at a DOE site, the contractor must establish and maintain a single worker safety and health program for the covered workplaces for which the contractor is responsible.
( 2 ) If more than one contractor is responsible for covered workplaces, each contractor must: ( i ) Establish and maintain a worker safety and health program for the workplaces for which the contractor is responsible; and
( ii ) Coordinate with the other contractors responsible for work at the covered workplaces to ensure that there are clear roles, responsibilities and procedures to ensure the safety and health of workers at multi-contractor workplaces.
( 3 ) The worker safety and health program must describe how the contractor will: ( i ) Comply with the requirements set forth in subpart C of this part that are applicable to the covered workplace, including the methods for implementing those requirements; and
( ii ) Integrate the requirements set forth in subpart C of this part that are applicable to a covered workplace with other related site-specific worker protection activities and with the integrated safety management system.
( b ) *DOE evaluation and approval.* The Head of DOE Field Element must complete a review and provide written approval of the contractor's worker safety and health program, within 90 days of receiving the document. The worker safety and health program and any updates are deemed approved 90 days after submission if they are not specifically approved or rejected by DOE earlier. ( 1 ) Beginning May 25, 2007, no work may be performed at a covered workplace unless an approved worker safety and health program is in place for the workplace.
( 2 ) Contractors must send a copy of the approved program to the EHSS Director.
( 3 ) Contractors must furnish a copy of the approved worker safety and health program, upon written request, to the affected workers or their designated representatives.
( c ) *Updates.* ( 1 ) Contractors must submit an update of the worker safety and health program to the appropriate Head of DOE Field Element, for review and approval whenever a significant change or addition to the program is made, or a change in contractors occurs.
( 2 ) Contractors must submit annually to DOE either an updated worker safety and health program for approval or a letter stating that no changes are necessary in the currently approved worker safety and health program.
( 3 ) Contactors must incorporate in the worker safety and health program any changes, conditions, or workplace safety and health standards directed by DOE consistent with the requirements of this part and DEAR 970.5204-2, Laws, Regulations and DOE Directives (December, 2000) and associated contract clauses.
( d ) *Labor Organizations.* If a contractor employs or supervises workers who are represented for collective bargaining by a labor organization, the contractor must: ( 1 ) Give the labor organization timely notice of the development and implementation of the worker safety and health program and any updates thereto; and
( 2 ) Upon timely request, bargain concerning implementation of this part, consistent with the Federal labor laws.
[71 FR 6931, Feb. 9, 2006, as amended at 71 FR 68733, Nov. 28, 2006; 80 FR 5009, Jan. 30, 2015; 88 FR 41293, June 26, 2023]