Information Notice 1988-10, Memo of Understanding Between NRC and OSHA Relating to NRC-Licensed Facilities (53 Fr 43950, October 31, 1988)
| ML080950134 | |
| Person / Time | |
|---|---|
| Issue date: | 12/23/1988 |
| From: | Cunningham R NRC/NMSS/IMNS |
| To: | |
| References | |
| IN-88-100, NUDOCS 8812190319 | |
| Download: ML080950134 (18) | |
V
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
WASHINGTON, D. C. 20555 Decembeir 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 inter- agency 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 inspec- tions of radiological and nuclear safety, NRC personnel may identify safety
concerns within the area of OSHA responsibility, or may receive complaints
from an employee aboutOSHA-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 appropr-iate
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
1 .IN 88-100
December 23, 1988 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.
unni
,,AihardE. amDirector
Division of Indus riali 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 Attachments:
I. Memorandum of Understanding from-the Federal
Register Dated October 31, 1988
2. List of Recently Issued NRC Information Notices
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
Admini stration (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 inter- agency effort can ensure against gaps in the protection of workers and at
the same time, avoid duplicat~ion of effort. This memorandum replaces an
existing procedure for interagency activities, "General Guidelines for
Interface Activities between the NRC Regional Offices and the OSHA."
.- 2 -
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 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
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
-3- 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 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.
-4- 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.
-5- 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:
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.
-6- 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 NRC-
licensed facilities. However, under certain conditions, such as investi- gations 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.
-7
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.
11. Power reactor sites are inspected by NRC Region-based and Resident
Inspectors. Personnel fromNRC 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.
-8-
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
Afttor SteIlo, }Jr.. ,/ ' - JnsAs. Pendr*grass C/
Executiv*,DireCt/ or Operations Atsista nt Secretary
October 21, 1988,
UNITED STATES
NUCLEAR REGULATORY COMMISSION
Offe of Govemomietl and Public Affairs
..Wlngtan, D.C. 20655 No.88-148 FOR IMMEDIATE RELEASE:
Tel. 301/492-0240 (Friday,..October 21,,1988).
OSHA, NUCLEAR REGULATORY COMMISSIOR AGREE ON COORDINATION OF EFFORTS
TOWARD WORKER SAFETY IN NUCLEAR FACILITIES
The Nuclear Regulatory Commi'ssion and the Occupational Safety -and Health
Administration (OSHA)"in the U.S. Department of Labor have agreed o,.a,-..
coordinated effort toward worker safety in nuclear facilities licensed by the
NRC.
The agreement spells out the responsibilities of the two-agencies in
protecting workers 'at NRC-licensed facilities,"ptovide sguidel!r1es-for.'
improved coqrdination, and atso.commits the two agencies to periodic joidt
evaluation of operational safety 'hazards involved in c'hemical prrocessing of
nuclear material at some facilities.
The agreement is contained in a memorandum of understanding signed for
the NRC by its Executive Director for Operations, Victor Stello Jr.,*and for
OSHA by Assistant Secretary of Labor for Occupational Safety and Health, John A. Pendergrass.
It is expected.to benefit many thousands of Workers in several thousand
NRC-licensed facilities such as- nuclear power.plants, plants manufacturing
nuclear fuel for. nuclear power reactors, radiopharma.ceutical manufacturers, hospitals and small plants and laboratories licensed by the NRC to use radio- active materials..
The accord also replaces existing guidelines which had been used to
coordinate activities of the two agencies.
Discussions which led to today's agreement were prompted by concerns
about jurisdiction of the two agencies following a 1986 fatal accident at
Sequoyah Fuels Corp.'s uranium conversion plant near Gore, Oklahoma, which
involved'release of a substance that was both chemically toxic and radioactive.
One purpose of the agreement is to clarify each agency's jurisdictional
responsibilities in NRC-licensed facilities. OSHA will cover plant conditions
which result in an occupational risk, but do not affect the safety of licensed
radioactive materials. For example, OSHA will protect against exposure to
tox~icnonradioactivematerials-and other industrial hazards :in the workplace.
The NRC will deal with radiation and chemical risks resulting from
radioactive materials, and plant conditions which affect the safety of radio- active materials and thus present an increased radiation risk to workers. *For
example, the NRC qwould seek to prevent a fire or explosion which could lead to
release of radioactive materials or an unsafe reactor condition.
r.
2 Under the agreement, the NRC will advise the licensee management and OSHA
when industrial safety concerns are identified during radiological and nuclear
safety inspections or when complaints are received from workers about OSHA-
covered working conditions. In the case of complaints, NRC will withhold the
identify of the employee from the licensee. NRC also will encourage licensees
to report to OSHA accidents that result in a fatality or multiple
hospitalizations.
In turn, OSHA will inform the NRC when matters involving radiological or
nuclear safety are revealed in OSHA inspections or through complaints.
Examples are matters involving lax security or work practices that would
affect nuclear or radiological health and safety, improper posting of radia- tion areas, or employee charges that the NRC license and/or regulations were
being violated.
The two agencies agreed that the chemical processing of nuclear materials
at some NRC-licensed facilities presents safety hazards which can best be
evaluated by joint NRC-OSHA teams. Each agency will make its best efforts to
support such assessments at about 20 facilities once every five years. About
one-third of these facilities are in states with OSHA-approved occupational
safety and health programs. OSHA will assist in promoting participation by
state personnel in those states.
OSHA will provide the NRC with information, based on reports of injuries
or complaints, about nuclear power plant sites where increased management
attention to worker safety is needed.
OSHA also will give training in basic chemical and industrial safety to
NRC inspection personnel so that they will be able to better identify matters
of concern to OSHA in radiological and nuclear inspections. The NRC will
provide training in radiation safety to those OSHA and state program personnel
who may participate in joint evaluation of safety hazards in some facilities.
NOTE TO EDITORS: This announcement also is being issued by the Occupational
Safety and Health Administration.
MEMORANDUM OF UNDERSTANDING ..-
BETWEEN
THE U14. .NUCLEAR. RGUIA"40AY COMI4I'.SI--
THE OCCUPATIONAL SAFETY"AND HEALTADM1.NISTRATfON;"
PURPOSE
AND
BACKGROUND
.- :'* . ,.... -.. T. .
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 ag'encies to
achieve worker protectio *at faci~lities 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 occulationai safety. and thealth
at NRC-licensed facilities,.. Because it is not always practical to s-haroly
identify boundaries between the nuclear and radiological safety NRC
regulates and the industrial safety OSHA regulates, a coordinated inter- agency 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,: "Ge'neral 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 material s-;
c. Plant conditions.which aff c~t.. the. *saft.ye . ,radioactiVe. ma.terials.
and thus present an. increased' radiaticoi risk* *to wor**t*.' 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 mate'rials. - 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 hdzard 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.
-2- 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 securityI and assut1ng 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 cQofirmatory 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 1q.),
which was enacted in..1970. OSHA's authority to engag~e in 'the kinds o
activities described below does not apply to those workplace safety 'and
health conditions for which other Federal agencies exercise statutory
authority to prescribe dnd enforce standards, rules or regulations.
Under the OSH Act, every employer. has a generalrduty to furnish each
employee with a p-lace 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 a're designed to address'
potential overexposure to toxic substances and harmful physical agents, and protect against illnesses which do not manife.st 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
natural.ly 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 wil.l 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
conditionrs. 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 areto 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 mu'ltiple 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 Regiohal 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 URC license or regulation violations.,
8. The NRC and OSHA'need not normally conduct joint inspections at NRC-
licensed facilities.' However',"under certain conditions, such as investi- gations or inspections followinq accidents or resulting from reported- activities as discussed,'in-items 6 and 7 above, it may be mutually agreed
on a ca~e-.by-case ta.is .that joint investigations are in the public interest.
9. The chemiical processing of nuclear materia1s at some NRC-licensed fuel and
materials'facilities presents chemical and nuclear op io,,nAl safety
hazards which can best be evaluated b '*essm;nts.
Each agency will make its best efforts t support such assessments at about
20 facilit'ies once .eVery.fiye.years. Of.these facilities, about one-third
are in the OSHAPlan 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'safe'ty isneeded. The'NRC wiII bring
such information indicating. significant breakdown in worker safety to the
dttention of licensee management and monitor corrective actions. This
willnot 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 radfction safety requirements, consistent
with ongoing NRC training programs. Details of such trainting will be as
mutually agreed by the NRC Techni cal 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 DirectQrate of
Compliance Programs. Each NRC and OSHAWRegional Office will; designate
points of contact for carrying out interface activities.
FOR THE NUCLEAR REGULATORY COMMISSION FOR THE OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION
ct Sv**"lfo J r. Opertin1hnA Pendergrass
Executive I6ire~'twj~for Operations rstant Secretary
October 21, 1988
MEMORANDA OF UNDERSTANDING
Office of Personnel Management Nuclear Safety, NRC published
NRC Manual chapter 4161 and the NRC
-euidelines set forth the following as Subagreement No. 2 (55 FR 23317)
Drug Testing Plan (NUREG/BR-.0134),
w"ured components of an Employee regarding ASME Code inspections with
section IV.
istance Program: (1) Employee the State of Illinois.
iseling and referral; (2) education IV. Funding In Subagreement No. 3, NRC and the
Illinois Department of Nuclear Safety
.-J training on drug-related issues: (3) NRC training and informal advice will
supervisory consultation regarding (IDNS) seek to allow Illinois Resident
be provided to the Board at no cost.
Engineers to participate in NRC
tLoubled employees: and (4) supervisory
V. Point of Contact inspections at nuclear power plunts in
training to assist managers in
maintaining a drug-free workplace. The organizational points of contact Illinois. This Subagreement is one of the.
first to be signed under the NRC's policy
I. Scope of Work regarding "Cooperation With States at
NRC: Patricia Kaplan. (301) 492--49. Commercial Nuclear Power Plants and
The NRC will assist the Board in I)NFSH: Janet Burke, (202) 376-50813. Other Nuclear Production or Utilization
establishing and maintaining an
Finployee Assistance Pr)4,ram, by Accepted: Facilities" (54 FR 7530; 2/22/89). As
offering the iollowing services: By: stated in the polity, "The NRC will
(a) Etduchtjtio and Tivjini;k' for lBoard John T. Conway, consider State proposals to enter into
AloJjgers and Sull.-vison. tu familiarize Chairmon.D'*jfnise Nuclear FacilitiesSafety instruments of cooperation for State
them with the signs and symptoms of Board. participation in NRC inspection
alcohol and drug abuse, and to define Dated: November 28. 1990. activities when these programs have
and clarify their role and responsibilities By: provisions to ensure close cooperation
.*s they relate to the Drug- free Federal James M. Taylor, with NRC."
Workplace Rogram. Analysis: On March 27, 1990, the
Executive Directorfor Operations,U.S.
The NRC schedules supervisory NuclearRegulatory Commission. proposed Subagreement Pertaining to
training on a regular basis and will State Resident Engineers BetweenNRC
Dated: November 2fl, 1990.
provide spaces for Board employees in and the State of Illinois was published
these cures. If, however, the Board in the Federal Register for public
wishes to provide training sooner and/ comment, at 55 FR 11275. One set of
55 FR 51973 comments was received from
or more extensively than can be Published 12/18/90
accommodated by NRC's schedule. NRC Commonwealth Edison Co. (CECo). The
will provide the names of possible comments are addressed individually, F~nal Subagreement Pertaining to
sources for training which can meet the as follows:
State Resident Engineers Between Com.ent. CECo should be allowed to
Board's needs. NRC and the State of Illinois
(b) Informal Consultation.The NRC's express its views formally on whether a
AGENCY: Nuclear Regulatory particular meeting or inspection will
rtployee Assistance Program and involve sensitive matters. Sections
or Relations staffs will be available Commission.
.ae Board's General Manager and ACTION: Publication of Subagreement VI.C.8 and VI. D.3 establish the NRC's
utner designated staff members to share No. 3 between NRC and the State of discretion to determine whether the
Illinois. Senior Resident Engineer may attend
their knowledge and experiences in
certain meetings with CECo or
matters dealing with troubled SUMMARY: Section 274i of the Atomic
employees, including drug testing. participate in certain inspections of its
Energy Act of 1954, as amended, allows activities. One factor in the exercise of
disciplinary action, confidentiality the Nuclear Regulatory Commission
issues, the rehabilitation process, and that discretion is the potentially
(NRC or Commission) to enter into an sensitive nature of the subject, meeting
reintegration of rehabilitated employees agreement with a State "to perform
into the workplace. NRC staff will not, or inspection. To ensure that the
inspections or other functions on a potential for sensitivity is fully
however, provide direct counseling to
cooperative basis as the Commission appreciated, CECo should be given a
Board employees or directly advise deems appropriate." This section 274i
Board superviors and managers on formal opportunity to express its views
agreement typically in the form of a on whether a particular meeting or
specific cases. Memorandum of Understanding (MOU), inspection will. involve sensitive
(c) Referral Sources. The NRC will differs from an agreement between NRC matters..
assist the Board with other EAP and a State under the "Agreement Response: The Subagreement
functions. i.e., individual counseling, State" program; the latter is provides that the State recognize that
referral, supervisory consultation, and accomplished only by entering into an thdre may be occasions when, because
employee education, by providing the agreement under section 274b. of the of the sensitive nature of certain
names of EAP firms in the Washington Atomic Energy Act. A State can enter inspections and meetings, it will be
metropolitan area who can provide into a section 274i MOU whether or not necessary for the NRC, at its discretion, those services to meet the unique it has a section 274b agreement. to conduct such activities privately and
requirements of the Board. In April of 1984, NRC and the State of separately. The Subagreement does not
I1.Period of Performance Illinois signed an "umbrella" MOU, preclude the license from
providing principles of cooperatiun cummunicating its opinion on these
The period of performance shall between the State and NRC in areas of matters to the NRC.
commence upon signature by both concern to both. Correctionto Section VI.C.13--CECo
parties and shall continue uninterrupted In June of 1984, NRC and the State of states that the last sentence of section
at the pleasure of either party. This Illinois signed Subagreement No. 1 VI.C.13. should read, "NRC will forward
agreement may be modified with the which provided the basis for mutually the report to the licenses with a cover
consent of both parties. Either party agreeable procedures whereby the State letter discussing the issues, if any, that
,y terminate the agreement by may perform inspection functions for the NRC believes warrant action by the
viding 60 days written notice to the and on behalf of the Commission at licensee." The words "the report to the
,er party. certain reactor and materials licensees' licensee with" were inadvertently
1Il. Applicable Guidance facilities which generate low-level omitted from the Federal Register
radioactive waste. Notice. The comment is accepted, and
The NRC and the Board will follow On June 7, 1990, following signature the text of the Subagreement has been
the guidance and directives contained in by NRC and the Illinois Department of changed.
September 30, 1993 (reset) MU-72
Mr.MUt1AN'LA ur UN'Ur-Mb I AI'ILINU
Commen,: NRC, IDNS and CECo shared with the State under Illinois VI.Dfl.B. CECo's participation in the
should work together to agree on which Subagreement No. 3, it should still be process would: be unworkable. and
IDNS issues warrant CECo action. protected from disclosure to the same inconsistent with the NRC'sand the
Section VI.C.13 would require IDNS to e>tent as it: would'be at the NRC: State's; conduct- of theiir own.procedures, submit all written communications Therefore. if the IFOIA provided: less which are- governed by: the applicable
concerning CECo inspection activity to protection than FOIA,. the NRC:would statutes and'regulations.
the NRC. The NRC will review those be concerned regarding a method of Comment' Regul'atory Confusion.
communications and inform CECo as to providing-am equal level of'protectionr CECo.expressed concern that the
which issues the NRC believes warrant for the documents provided. to the. State' addition of another regulatory observer
action by CECo. CECo believes that a under this Subagreement. may create confusion and
more efficient process would result if However. CECo does not specifically administrati.vie.burdena far plant;
the NRC, IDNS and CECo would work contend that IFOIA provides less management.
together to agree on which IDNS issues protection to sensitive or proprietary
warranted CECo action. Response,-Both the Subagreement andi
. Response: The Subagreement
information than FOIA. Indeed,. a facial: the Cornmiusicies Poliny.Statemmit one:
comparison shows that IFOIA seems. to Cooperation With Stales reflect. that
specifically indicates that State provide: a similar-level of protection- to: State activities must be conducted in
activities will be performed in that afforded by-FOIA. Additionally, ini accordance with Federal standards and- accordance with Federal standards and paragraph.VLID;. of proposed Illinois requirements and;N`RC practices, with
requirements and NRC practices. Also Subagreement No. 3, the State agrees to
consistent with NRC's Policy Statement conform its practices regarding no undue burden on the NRC or its
on Cooperation With States at information disclosure to those of the licensees.
Commercial Nuclear Power Plants and NRC. In paragraph VI.D;6., the State and Comment:. Recommendatibn to
Other Production or Utilization NRC agree to consult with each other Monitor Implementation. CECo strongly
Facilities, the Subagreement specifically Wefore releasing sensitive or proprietary recommends. that NRC monitor
states that nothing in this agreement information related. to this: implementaLion, of the Subagreement.
confers upon the State or the State Suhagreement. IFOIA and these. Response: The NRC has provided a
Resident Engineer authority to: (3) 1-rovisions would appear likely to number of controlsin: the Subagreement
Interpret or modify NRC regulations and provide protection. At this time it is so that it: can.be confident in the State.
NRC requirements imposed on the impossible to predict with complete Resident. Inspector's ability to perfarm.
licensee; (2) take enforcement actions; confidence how.Illinois will interpret inspections, ii aware! of and has -
(3) issue confirmatory letters; (4) amend, and implement this Subagreement and accounted for-the inspections planned.
modify, or revoke a license issued by fl;e relevant- IFOIA provisions. However, by the State, and communicates: with. the
NRC; and (5) direct or recommend the NRC-State consultations pursuant to, licensee on al' follow-up actions andi
nuclear power plant employees to take paragraph VLD6.. should:insure- that the.
or not to take any action. Authority for enforcement. It is intended that there
NRC is aware. ofillinois practices and: will be communication between NRC
all such actions is reserved exclusively procedures in releasing information. If
to the NRC. Clearly there is no option and State staff members oneday-to-day
additional protective measures are
for a collaborative process in r.equired, they canbe tailored to address activities. Further, the Subagreement
interpreting or imposing NRC the specific requirements of the requires a formal review, not less than.
requirements on a licensee. situation.. six months after the effecti've date', to be
Comment: Differences in Freedom of Cornment Consultation. Section perfbrmed by-the NRC. to evaluate
Information Acts. Sections VI.D.5 and VI.D.6 also would require IDNS and the implementation of the Subagreement
VI.D.6 imply that IDNS will apply the NRC;to consult with: each other beforei and resolve any problems. identifi ed. In
Illinois Freedom of Information Act releasing sensitive or proprietary. addition, periodic reviewsare called for
(IFOIA) to the fullest extent possible to information, related to this thereafter.
protect sensitive and proprietary Subagreement. Toiensure that the Conclusion:After careful
iiformation just as the NRC applies the sensitivity of particular information, is, consideration of the comments
Federal Freedom of Information Act fully, appreciated, CECo should have an, submitted, the Commission has.
(FOIA). It is not clear that IFOIA opportunity to participate in the determined to approve Subagreement
provides the same level of protection as consultation before a final decision to No; 3 Pertaining to State-Resident
FOIA. There are far fewer judicial release information is, made; Moreover,. Engineers Between the U*S. Nuclear
interpretations of IFOIA than of FOIA; any disagreements, over release: should; Regulatory Commission and the State of
Illinois judges may take a broader view be resolved in: accordance, with the Illinois. Certain-minor editorial changes
of the public's right to know than have dispute resolution provisions set forth in to the text of the Subagreement have
federal judges. Therefore, greater !-,oction VIII. been. made, including the charge to
protection would be provided if IDNS R.,sponse: The release of sensitive or section VLC.13 discussed in. the NRC
had unlimited access to information proprietary information in this situation response to comments..
covered by the Subagreement but did is governed by- the FOIA, NRC related;
not physically retain any information regulations,, and: IFOIA. If CECo is FOR FURTHE INFORMATION
CONTACT
- .
which IFOIA could not clearly protect concerned'about the release of sensiti.ve: Frederick C; Combs,. Assistant Directur
from unwarranted public disclosure. or proprietary information, CECo:muat of State, Local and Indian Relations, Response: In practice, CECo must first be certain that any such State Programs, Office of Governmental
identify any proprietary or sensitive information is submitted pursuant to the and'Public Affairs, U.S. Nuclear
information submitted to the NRC which regulations contained in 10 CYR 2:790. Regulatory Commission, Washington;
it wishes to have withheld from public This iiformnation, if it has been properly DC'20555; telephone.[391) 492-03"25;
disclosure (10 CFR 2.790(b)(1)). Any submitted. to. the NRC and determined, to Dated at.Rockvilte.A.?c this.lath day (f.
information so submitted and be properly withheld from disclosure; December 1990.
determined to be protected from public should be. protected by operation of Fr" the NuclearRegulatoryCaommissiumn
disclosure under the criteria in 10 CFR these statutes and.regulations,. and: also Carlton. Kammerer,.
2.790 is accorded protection from by the: consultation, process. between the'
disclosure to the full extent of FOIA and Stateand NRC(pursuant toparagraph Director,State Programs,Office of"
NRC regulations. If such information is Governmental and Public Affairs.
MU-73 September 30, 1993 (reset)