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