Information Notice 1988-10, Memorandum of Understanding Between NRC and Osha Relating to NRC-Licensed Facilities (53 Fr 43950, October 31, 1988.

Memorandum of Understanding Between NRC and Osha Relating to NRC-Licensed Facilities (53 Fr 43950, October 31, 1988.

ML031140641
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, 05000283, 05000000, Zimmer, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant
Issue date:	12/23/1988
From:	Cunningham R E, Sjoblow G L NRC/NMSS/IMNS
To:
References
IN-88-100, NUDOCS 8812190319
Download: ML031140641 (9)

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

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 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 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 MEMORANDUM

OF UNDERSTANDING

BETWEEN THE U.S. NUCLEAR REGULATORY

COMMISSION

AND THE OCCUPATIONAL

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

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, "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 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.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 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-to- Secondary

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 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 >a 1 -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 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