ML20133N966
| ML20133N966 | |
| Person / Time | |
|---|---|
| Issue date: | 03/01/1994 |
| From: | Pasciak W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| Shared Package | |
| ML20133N901 | List:
|
| References | |
| FOIA-96-488 NUDOCS 9701240042 | |
| Download: ML20133N966 (15) | |
Text
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NUCLEAR REGULATORY COMMISSION 7
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KING oF PRUSSIA. PENNSYLVANIA 19406-1415 REGION I ANNOUNCEMENT NO. 94-06 DATE: March 1,1994 TO:
ALL REGION I TECHNICAL PERSONNEL SUBIECT:
CHANGE IN MC 1007, INTERFACING ACITVITIES BETWEEN REGIONAL OFFICES OF NRC AND OSHA 4
[h His announcement is to inform all Region I inspectors and technical managers that MC 1007, Interfacing Activities Between Regional Offias of NRC and OSHA, has been changed. De purpose of MC 1007 is to ensure that information concerning events, unsafe f"M conditions, and other matters dealing with occupational safety and health are referred to facility management and to the proper agency. It also provides policy and interface j
guidelines for the exchange of information at NRC Program and Regional Office levels of NRC and OSHA. Finally, it provides for inspector involvem::nt, during inspections of fuel and materials facilities and operating reactors, in the identification and disposition of safety concerns in the area of OSHA responsibility.
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It is very important that NRC inspectors understand MC 1007 and follow its guidance in
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conducting their inspection activities. Enclosed is a copy of the revised MC 1007 and other supporting material. Please review the material and call me if there are questions or if clarifications are needed.
Thank you.
Me Walter J. Pasciak OSHA YMen Officer
Enclosures:
As stated (3
v lt 9701240042 970114
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i NRC INSPECTION MANUAL i
CHAPTER 1007 i
i INTERFACING ACTIVITIES BETWEEN REGIONAL OFFICES OF NRC AND OSHA i
1007-01 PURPOSE i
This manual chapter implements the Memorandum of Understanding (M00), da'ted l
October 21, 1988, between the Nuclear Regulatory Commission (NRC) and the j
Occupational Safety and Health Administration (OSHA).
4 1007-02 OBJECTIVES 2
3 02.01 To ensure that information concerning events, unsafe conditions, and l
other matters dealing with occupational safety and health are referred to fullity management and to the proper agency.
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02.02 To provide policy and interface guidelines for the exchange of 1
information at NRC Program and Regional Office levels of NRC and OSHA.
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j 02.03 To provide for inspector involvement, during inspections of fuel and materials facilities and operating reactors, in the identification and j
disposition of safety concerns in the area of OSHA responsibility.
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]
1007-03 BACKGROUND There are four categories of hazards that may be associated with NRC-licensed
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nuclear facilities:
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. Radiation risk produced by radioactive materials; j
a
- Chemical risk produced by radioactive materials;
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- Plant conditions that 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
- Plant conditions that result in an occupational risk, but-do not affect the safety of licensed radioactive materials. For example, there might be exposure to toxic non-radioactive materials and other industrial hazards in the workplace.
Generally, the NRC has jurisdiction over the first three categories listed above and OSHA has jurisdiction over the fourth hazard. Although OSHA has authority and responsibilities regarding the last listed category, NRC is taking a leadership role in reporting any such conditions, of which it becomes 1007 J1-Issue Date:
aware, to proper authorities, to instigate appropriate action. Likewise, OSHA will inform the appropriate NRC Regional Office of matters which are under NRC cognizance when they come the attention of OSHA through complaints or their e
inspections. This will help eliminate gaps in worker protection in the area of safety and health, and help eliminate duplication of efforts.
1007-04' RESPONSIBILITIES AND AUTHORITIES 04.01 The Denuty Executive Director for Nuclear Reactor Reaulation. Reaional coerations & Research coordinates the development and resolution of policy issues concerning agency jurisdiction and operational relations with the OSHA Director of Policy for NRC reactor licensees. The Deputy Executive Director for Nuclear Naterial Safety. Safanuards & Doerations Suonort, coordinates.the development and resolution of policy issues concerning agency jurisdiction and operational relations with the OSHA Director of Policy for NRC fuel cycle and materials licensees.
04.02 Director. Office of Enforcement. Coordinates the development and resolution of issues concerning enforcement activities involving both NRC and OSHA jurisdiction, at NRC-licensed facilities, with the OSHA Directorate of
&ompliance Programs.
04.03 NRC Reaional Administrators a.
Designate at least one staff member to serve as an NRC Regional Office OSHA Liaison O'ficer.
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b.
Inform the Direct'or, Office of Enforcement (CE), and Director, Nuclear Reactor Regulations (NRR), or Director, Nuclear Material Safety and Safeguards (NNSS), as appropriate, of any issues that raise questions concerning inspection or enforcement activities involving both NRC and OSHA jurisdiction at NRC-licensed facilities.
l c.
Use the information provided by OSHA inspectors, as appropriate; this may include evaluation and analysis of the information and onsite followup.
04.04 58G_Egoional Office OSHA Liaison Officer a.
Serves as the principal point of contact between the NRC Regional Office and the appropriate OSHA Regional Office.
- b..Provides advice and guidance to resident inspectors and to NRC Regional Office staff on potential non-radiological hazards observed during an inspection.
c.
Determines whether events and conditions having industrial safety significance, at NRC-licensed facilities, are to be. reported to the 0 HA Regional Office.
d.
Ensures events or conditions havi,ng industrial or chemical safety 1007
, Issue Date:
C
.i t significance at NRC-licensed material or fuel cycle facilities that are reported to OSHA, are also reported to the HMSS OSHA Liaison Officer.
Ensures records are maintained of the interface activities with OSHA e.
Regional Offices.
04.05 NMSS OSHA Liaison Officer Serves as the principal point of contact between NHSS and the i
a.
appropriate OSHA Regional Office for chemical safety issues identified at fuel cycle licensees.
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'b.
Pruvides advice and guidance to resident inspectors, NRC Regional Office Staff, and NHSS staff on potential chemical safety hazards observed during an inspection.
Detemines whether events and conditions having chemical safety c.
significance, at fuel cycle licensees, are to be reported to OSHA i
Regional Office.
d.
Ensures events or conditions having chemical safety significance at NRC-licensed fuel cycle facilities that are reported to OSHA, are also reported to the appropriate NRC Regional Office OSHA Liaison Officer.
6 04.06 Insoectors Notify licensee management and, as appropriate, the NRC Regional Office i
a.
OSHA Liaison Officer or NMSS OSHA Liaison Officer for fuel cycle facilities, of non-radiological hazards brought to their attention by j
licensee employees, or personally observed during an inspection.
b.
Monitor licensees' corrective actions, at the next scheduled inspection, regarding non-radiological hazards NRC has brought to the attention of licensee management.
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1007-05 REQUIREMENTS - GENERAL 05.01 Coordination of interface activities is to be handled at the Regional i
office leveT, or Program Office level for fuel cycle facilities, of NRC and l
j OSHA.
05.02 When non-radiological safety concerns are observed during.en 4
inspection, the inspector is to orally inform licensee management of such concerns and document the observation on the attached data sheet.
(See l
Appendix A.)
05.03 If a licensee employee provides infomation to an inspector regarding i
non-radiological safety hazards, the inspector shall inform licensee j
management of the employee's concern, withholding the employee's identity from licensee management, and shall document the information on the data sheet in Appendix A.
, Issue Date:
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1007
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O 05.04 Inspectors shall monitor, as appropriate, a licensee's corrective l action regarding those matters described in 05.02 and 05.03 above.
If sigt.',ficant safety concerns are identified or if the licensee demonstrates a pattern of unresponsiveness to identified concerns, this matter should be discussed with licensee management, and relevant information should be l Officer, who will inform the appropriate OSHA Regional Office.
provided to the NRC Regional Office (or for fuel cycle, NMSS) OSHA Liaison For nuclear power plants, the Resident Inspector normally follows the licensee's corrective action. For all licensees, it is intended that NRC Region-based inspectors need agi make a special followup inspection solely on the basis of an OSHA issue, unless it affects radiological health and safety.
05.05 For an accident involving a fatality or multiple hospitalizations, the l Resident Inspector, the NRC Regional Office (or for fuel cycle, NMSS) OSHA Liaison Officer, or Regional Office management will encourage the Itcensee to report the matter to OSHA.
05.06 When OSHA infoms the NRC Regional Office OSHA Liaison Officer of matters that are in NRC's purview, the NRC Regional Officer OSHA Liaison Officer shall notify the Regional Administrator, who shall arrange for prompt evaluation of the matter, such as Regional or Resident Inspectors performing onsite followup, as appropriate, to verify the infomation or the licensee's corrective action. Report significant findings in an inspection report.
05.07 In order to enhance the ability of MRC and OSHA personnel to identify,
safety matters under each others purview, OSHA will provide NRC Regional e
e personnel with Lasic chemical and industrial safety training,- while the NRC U
1 will provide training in basic radiation safety requirements to OSHA personnel. For details of the mutual training agreement, contact the Technical Training Center.
1007-06 ADDITIONAL REQUIRENENTS - NUCLEAR POWER PLANTS OSHA may provide the NRC Regional Office with information about a nuclear power plant or site where increased licensee management attention to worker safety is needed. Such information is normally based on reports of injury or complaints at the particular location. The NRC Regional or Resident Inspector will inform, licensee management of the information and will monitor the licensee's corrective actions, as provided in 05.04 above t
1007-07 AD0!TIONAL REQUIREMENTS - FUEL AND MATERIALS FACILITIES-l 07.01 NRC and OSHA have agreed to conduct joint assessments of the chemical and nuclear operational safety hazards at certain NRC-licensed fuel and materials facilities. It is anticipated that approximately 20 facilities will be evaluated every 5 years. The Division of Industrial and Medical Nuclear l Safety (INNS), or the Division of Fuel Cycle Safety and Safeguards (FCSS),
NMSS, in consultation with the Regional Administrators, will select the l facilities to be evaluated.
INNS or FCSS also develop and issue assessment requirements and schedules. See IMC-2.600 and IMC-2800 for details.
C 1007 Issue Date:
4
4 1007-08 GUIDANCE 08.01 A copy of the NRC - OSHA MOU dated October 21, 1988, is attached as Appendix 8.
08.02 Except for certain NRC-licensed fuel and materials facilities described in 1007-07 and delineated in IMC-2600 and IMC-2800, no changes are required in l
inspection practices. 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.
i 08.03 It is important that all NRC personnel recognize and understand that they are Ag1 to make decisions regarding activities under the purview of OSHA.
Thus, in discussing non-radiological safety concerns with the licensee, inspectors are cautioned not to judge whether a given condition is a violation of OSHA rules or regulations, but are to point out concerns of apparent unsafe conditions, to heighten licensee awareness.
08.04 For accidents involving a fatality or multiple hospitalization's, the MOU does not require NRC to report such matters to OSHA. But in keeping with established practices, if the licensee refuses to report these events to OSHA, l
the NRC Regional Office (or for fuel cycle, IMSS) OSHA Liaison Officer will l
inform the OSHA Regional Office.
08.05 Communication with OSHA Regional Offices should be done orally, unless OSHA requests a written notification in a particular case.
08.06 To minimize the recordkeeping and tracking burden, the' requirement described in 1007-05.04, regarding monitoring of a licensee's corrective action, shall be performed at the time of normal review or inspection routines.
08.07 Time spent on meeting the requirements of this instruction should be l
charged to IP g3001, "0SHA Interface Activities."
l 1007-09 REPORTING REQUIREMENTS J
09.01 The NRC inspe'ctor is to inform licensee management orally of:
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- a. identified safety concerns;
- b. employee complaints of OSHA-covered working conditions;
- c. reporting requirements to OSHA of accidents resulting in fatalities or multiple hospitalizations, if the licensee has not already done so.
09.02 The NRC inspector is to generate a written Non-Radiological Hazards Data Sheet for the inspection file, and to generate a copy of it to the NRC Regional Office (or for fuel cycle, HMSS) 0SHA Liaison Officer, for the 1007 Issue Date:
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..,1 following occurrences:
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- a. for al1 occurrences of 09.01 a., b., or c. above;
- b. for significant recurring unsafe conditions, or patterns of unresponsiveness to previously identified concerns.
09.03 The NRC Regional Office (or for fuel cycle, HMSS) OSHA Liaison Officer shall contact the OSHA Regional Office orally or in writing on all items that are identified by inspectors and that have generated a Non-Radiological Hazards Data Sheet.
09.04 The NRC Regional Office (or for fuel cycle, NMSS) 0SHA Liaison Officer shall generate the following correspondence:
- a. written notification to the OSHA Regional Office if one is requested after initial oral notification;
- b. copies of all written correspondence, associated with OSHA-related issues, should be sent to the Chief, Radiation Protection Branch, NRR; to the Chief, Inspection and Licensing Program Branch, NRR; and to the
..- Chief, Operations Branch, INNS or FCSS, NMSS, as appropriate; and to the i
09.05 Allegations that fall within the purview of OSHA are to handled in accordance with this section, and, in accordance with Management Directive i
8.8;'are not to be entered in the Allegation Management System (AMS).
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END Appendices A and B 1007 Issue Date:
b-
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- +. -,
f i
HON-RADIOLOGICAL HAZARDS DATA SHEET PART I -ISSUE NRC' Licensee: Name j
Address License or Docket i Description of Issue:
i l
How issue was identified l
l Licensee representative informed Name Title Date l
Licensee Comments l
Other persons informed I
Date Inspector's signature l
Part II - Followup Description of Corrective Action Date Inspector's signature OSHA informed Yes No Date informed Person contacted NRC 05HA Liaison Dfficer l
See MC 1007-09 for distribution of copies 1007
- A Issue Date:
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MEMORANDA OF UNDERSTANDING I
consultants opportunity to accompany meet standards set forth in the Basis for entered into a Memorandum of NRC personnel on such visits.
Agreement (Section!!)of this MOU.
Understanding (MOU) to provide 2.The site is deleted from the NPl.
general guidelines for interface actos 8.E/A Responsibilities 3.no site is turned over to the between the two agencies.The MC,..s I
1.DA wel provide formalized review, Department of Energy or other designed to ensure that there wiu be no consultation and comment throughout resposalble State or Federal authority gaps in the protection of workers at I
the entire project, for long term care.
NRC-licensed facilities where the OSHA 1
L EPA will review and provide
- 4. Regulatory. Statutory, or other also has health and safety jurisdiction.
comments on the site reclamation plan events occur which make this MOU At the same time.the MOU is designed and other associated deliverables, unnecessary,luegel,or othennae to avoid duplication of effort on the part within timeframes as agreed to between inappropriate.
of the two agencies in those cases where NRC and EPA.la the event that EPA ym agadpoetge, it is not always practical to sharply determines that the implementation of identify boundaries between the NRC's
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the site reclamation pies has not g"*,I re8ponsibilities for nuclear safety and g,,
k k
p h
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and/or denne ebe procedme sentained g, ius sa l
tions that a apphcab er M
h d
erme sa EPA ma p
ey ctiviti j
under defines the pneral areas of whatever actionit deems op te.
l uenandreN Npdod
{senbe se ce ly the No )uch to OU
=
,t Study,public comment acy modsAcanons.'Th MOU abodd be achieve worker protection at NRC-
"p,*,EIg7I
,, ogf g, reviewed as as annual basis by both the licensed facilities. sad provides general 4
Director.URFO. Region IV. NRC. and the procedums for the coordination of 3
groundwater contamination. with the Director.Hasardous Waste Management interface activities and exchange of i
Division. Region VI. EPA or their information between the NR; and gggg de HA.De text of the MOU is set out implement.or require UNC or other designated representat!res.
i potentially responsible parties to IX. Asserrotione/AigMe Purpose and Background implement any EPA selected remedial
.fb perdes recene any and aN dght actions set forth in a ROD. Any remedial w subdty &a% may het 1.De purpou d els Mammadum of actions conducted by UNC or other including but notlimited to legal.
Understanding between the U.S. Nuclear i
potentially responsible parties to equitable, or administrative rights. %ia Regulatory Commission (NRC) and the implernent an EPA selected remedy wiu specificaUy includes EPA's and NRC's Occupational Safety and Health 4
be done under epa oversteht and in authority to conduct. direct. oversee.
Administration (OSHA)is to d the general areas of responsibility acconiance with the knas of any and/or require environmental response Consent Decree entered into with EPA.
In connection with the site. as well as esch agency; to describe generally thi mods da ny Co the authority to entse the site and efforts of the species to achieve worker p,
g require the ~ _ _ - = of laformation.
protection at facilities licensed by the byproduct mMakt depalaim smied within each of their own amas of NRC: and to provide guidelines for to implement the ROD remedy.
responsibility.
coordination ofinterface activities j
VI.Disparte Jtasetettien Executed and agreed to:
between the Iwo seencies. If NRC licenses observe OSHA's standards and '
la the evoet of dispute between DA Cats & August m ism mgulations.this will help minimite and the NRC concerning sita activities.
RebenI.Mants.
workplace hasards.
the persons designated by each Agency mayiendAdaniWoosem, t/t Edser 2.Both NRC and OSHA have a
as prisaary er. in their absence, alternate 3,pharycommission AspeeIF.
jurisdiction over occupational safety contact points will attempt to promptly Adiapse. Timmes.
and health at NRC. licensed facilities. - l resolve such disputes.1f disputes cannot gui.g 4,g,e a seg Sec808e 1818 ##8 always practical to t
be woolved at this level, the problem Reben3.taries.)r.pA sharply identify boundaries between the t 3
will be reformd to the s
-h of I
these perseas for fufther senaultation.
- '8, YKQ nuclear and radiologicalsafety NRC J
pm he supervisory refecal and mooluties mgulates and the industrial safety OSHA regulates. a coordinated process will continue. If necessary to g3pnasese lateragency effort can ensure against resolve the dispute.to the levelof the pesehed 1e/31/e3 Regional Adadaistratore of the NRC and gaps in the protection of workers and at the same time, avoid duplication of D A.
OEPANfMENTOF M Both parties abaB sentinue to effort.nis memorandum replaces an malatala their respective rights or Oceupational Safety anal Health existing procedure for interagency Administration activities. "Ceneral Culdelines for responsibilities ender the MOU during laterface Activities between the NRC the dispute resolation process.
gggy Regional OGices and the OSHA."
VN.Esosmtma andAdadAcesias COMINSSION A****I*'*d "I" "**I'*'
i his agreement shall take eNect epos Memwanden W Undestanamng y
eascution by DA and the NRC.It abau Betweenhe Husteer Reguietary remais la enact for the duration of the Commteelen and the Occupedonal 3.nere are four kinds of hazerds tha program addmened bemin unlese Safety and Health Administration; may be associated with NRC-licensed terminated by mutual agreement by the Wortier protection et NRC4eenseg nuclear facilities:
3 two Agencies:er. the MOU may be pactnese
- a. Radiation risk produced by teaudantedindlaterallyif anyof the redioactive materials:
canditions set forth below are present.
%e Nuclear Regulatory Ceauntasion
- b. Chemical risk produced by the planning or conduct of (NRC) and the Occupational Safety and radioactive materials:
groendwater cleanup actions fall to Health Adrainistretion (OSHA) have MU48 September 30,1993 (teset)
MEMORANDA OF UNDERSTANDING
- c. Plant conditions which effect the Under tha OSH Act. every ec oloyer Regienalinmatement when safety of radioactive materials and thus has a general duty to fu.nish each appropriate.11 s:gnificant safety I
present an increased radiation risk to employee with a place of employment concerns are idenufied orif the licensee l
workers.For example, these might that is free from recognized hazards that cerr.onstrates a pattern of can cause death or senous physical unresponsiveness to idenafied concerns.
I produce a fire or an explosion. and harm and to comply with all, OSHA the NRC Reinonal Office willinform the thereby cause a release of radioactive standards rules,ar.d regulations.
aopropriate OSHA Regional Office. In i
materials or an unsafe reactor condition:
OSHA standards contata the can of complaints.NRC will
""4 requirements designed to protect withhold. from the hcensee. the identity
- d. Plant conditions which result in so employees against workplace hazards.
of the employee. In addition, when i
occupational risk. but do not affect the 38 8'AI safety standards are known to NRC.NRC will encourage i
safety of licensed radioactive materials.
intended to protect agamst traumatic bcensees to report to OSHA accidects F
la th might be ex sure to to Ic onrad'ioac ve materials and other injury, while health standards are resulting in a fatality or multiple designed to address potennat hosmtalizanons.
l industrial hazards in the workplace.
.%en such tastances occur wehm, i
Generally NRC covers ge first g,,,
overe,xposure to toxsc suostances andOSHA Smolan Sa* Wienon.
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hasards listed in paragraph 3 (a. b. and gulphsicalabm.and prmM against illnesses w do not manifest the OtiMA Regional Office wsil refer the themselves for many years after initial matter to the State for appropnate 1
b p
p NR OSHA responsibilities and acuons are O
'sundards com employee ISMA Rgim!OfficeiD h described som fully in paragraphs 4 exposures from all radiacon sources not the appropnate NRC RemonalOffice of and 5 beim reguieted by NRC. Examples include x.
matters which are in the puruew of l
NRC 8 =ra n.mu==
rey equipment, accelerators.
NRC. when these come to their attention accelerator-producedmatenals electron dunns Federal or State safety and
- 4. NRC le responsible for licensing and microscopes and betstrona.and health inspections or througa reguisting nuclear facilities and naturmily occurrng radioactive complaints. The followmg aw examples matenalt '.nd for conducting research in matenals such as redium.
of matters that would be reponed to the support o. the ucensing and regulatory it is eenmatec that the Act covers NRC:
process, as mandated by the Atomic nearly 6 mitisce workplaces empicysag a.1.ax securtry control or wrk j
Energy Act of1954. as amended: the more than 4ruttwo workers. Federal practices that wotud effae:r nuclear or
- .r.ergy Reorganization Act of 1974. as OSHA coveer aposex:mately throo-radiological health and saferv.
amended; and the Nuclear gife,,,,3:,, ogg,,,,og,hese
- b. Improper postitur of raciation areas.
l Nonproliferanon Act of197a: and in workolacas. States which operate c.1.icensee empicyee a!!esanons of accordance with the National o$gg ;,,,cved job safety and health NRC license or reguianon violanons.
Enytroomental policy Act of 1983.as
,,,, g,,,, cover the 3.The NRC and OSHA need not n
amended. and other applicable statutes.
normally conduct lomt inspections at rememovr.
OSHA Se te plan States are NRC-licensed focalities. However. under j
These NRC responsibilities cover the a
j first three nuclear facility hazards
.scoursM but ne reqmmd. k censin condinona mch as identified in paragraph 3 (s. b. c). NRC delineste their authority for investigations or inspections following does not have statutory authority for the occupat:enal safety and bealth at NRC-accidents or resultmg from reported j
fourth hasard describal in parsgraph 3 1 consed facilities in the saase manner as activities as discussed in stems e and 7
(
(d).
Federal OSHA.
above.It may be mutually a6 reed on a j
NRC moponsibilities include The OSHA sroes of responsibility case-by-case basis that }omt protecting public health and safety:
desenbod in this mamarandum are investigations are in the public laterest.
i protecting the environment: protecting subject to au appucable requirements 9.The chemical processms of nuclear and safeguarding materials and plants and authorities of the OSH Act.
materials at some NRC-licensed fuel and in the interest of nadonal security: and However, the industrial safety record at materials facilities presents chemical assuring conformity with antitrust laws NRC-licensed nuclear power plants la and nuclear operational safety hazards for certain types of facilities, e.g such that OSHAinspeedons at thes*
which can best be evaluated by joint
""*!**r poww mactors. Agency facilities are conducted normally as a NRC OSHA team assessments,Each functions am paionned thmush.
result of accidents, fatalities, referrals, agency willmake its best efforts to or worker complaints.
support such assessments at about 20 Standante estting and mianaking:
technicalreviews and studies: conduct facil ties once every five years.Of these 4
Inte face W facilities, about one-third are in the l
l of public hearings: issuance of j
suthorizations, permits and license *.
g.In recognition of the agendes' OSHA Plan States. OSHA will also inspection. investigation and authorities and responsibiuties assist la promo6ng such participation by l
l enforcement: evaluation of operating enumerated above, the fouowing State personnelin OSHA Plan States.
- "'**'I""*'*'
to. Based upon reports oflatury or ough C d n nM co'nded complaints at nuclear power plant sites, OSHA _
j insp dons ofladustHa!saf. In es OSHA will provide NRC with S.OSHAis responsible for course ofinspections of radio ' cal and infonnaden on eose snu when q
j administerms the requirements nuctur safety.NRC personnel may lacmased management suention to established under the Occupational identify safety concerns within the area worker safety is needed.The NRC will i
Safety and Health Act (OSHA Act)(20 of OSHA reopensibuity or may receive bnns such infonnadmiindicadns j
U.S.C. 851 et seq.). which was enacted la complaints from an amployee about sign 15 cant breakdown in worker safety 1970. OSHA's authority to engage a the OSHA-covered woridas conditions. In to the attention oflicensee management 4
j kinds of activities described below does such instances.NRC wt11 bring the and monitor corrective actions.Tius wul
{
not apply to those workplace safety and '
matter to the attention of Econsee not interfere with OSHA et,thonty snd
},
health conditions for which other mar.agement. NRC inspectore are not to resronsibility to investigate industnal 4
Federal agendes exercise statutory perform the role of OSHA inspectors:
accidents and worker complaints.
authoney to prescribe and anforce however, they are to elevate OSHA l
standastia, rules or regulations.
safety issoas to the attention of NRC t
MS Septemberalk 993(reest)
J l
5 1,-
_. -. ~. - - -
s MEMORANDA OF UNDERSTANDING
- 11. Power reactor sites are inspected agreement with a State "to perform aupptauawvany uwoauanoac NRC by NRC Region-based and Resident inspections or other functions on a regulation (10 CFR 50.55a) requires the e
inspectors. personnel from NRC cooperstive basis as the Commission application of the Boiler and Pressurra*
Regional Offices routinely conduct deems appropriate." This section 274L Vessel Code of the American Society ( /
i inspections at most fuel and materials agreement. typically in the form of a Mechanical Engineers (ASME) Code to licensed facilities. In order to enhance Memorandum of Understanding (MOU). '
certain pressure vessels piping. pumps the ability of NRC personnel to idennfy differs from an agreement between NRC and valves of nuclear power esactors.
safety matters under OSHA purview a'and State under the Agreement As discussed more fully in the text of dunns nuclear and radiological sefety State" pragram: the latter la the Subegreement which follows a State inspections. OSHA will provide NRC accomplished only by entering into an role is contemplated in the ASME Regional personnel with basic chemical agreement under section 274b. of the system as is pertains to certain nuclear and mdustrial safety traitung and Atomic Energy Act. A State can enter power plant components.his into a section 2741. MOU whether or not Subegreement is intended to formalise indxtrination in OSHA safety stend.rds, consistent with enacies it has e section 274b. agreement.
and define the mannerin which the NRC OSHA training programs.To enhance in April ofleu.NRC and the State of and the Illinois Department of Nuclear the ability of OSHA and State plan
!!!inois signed an " umbrella" MOU.
Safety (IDNS) will cooperate in the
' personnel tu etYectively participate in providing principles of cooperation planning and conducting of ASME Code between the State and NRCin areas of related inspections at nuclear power the Operational Salery Team concem to both.
plants in minois to ensum conipliance Assesaments. NRC wiil provide traming.
in hasic radiation aefety reouimments.
la lune of19e4 NRC and the State of
. with NRC regulations.De objective of constseent with ongoing hTW trainin t Illinois signed Subegreement No.1 the Subegreementis to provide a which provided the basis for mutually framework for IDNS to assist NRC in e
brograms. Details of such training wdiagreeable procedures whereby the State performing safety inspections under to
- a. mutuall 88"*d bY the NRe.
perform inspection functions for CFR l 50.55s.The NRC will take Y
Tecantcat!Trauung Center and the me[on behalf of the Comadesion atappropriate enforcement actions for ~
OSHA NationalTrainmg Institute.
certain reactor and asterials licensee's loint inspections conducted under this
- 12. Resolution of policy issues facilities which generste low-level Subagreement. Key features of the enneerning agency junsdiction and radioactive waste.
Subagreement include provisions for (1) operational relations will be Draft Subegreement No.2 under this ensuring IDNS's activities
't coordinated by the NRC Deputy MOU pmvides the basis for mutually but do not duplicate the NRds I'
Executiv'7 Director for Operations. and agreeable procedures whereby the activities: (2) joint team inspections of i
I by the OSHA Director of policy.
Illinois Department of Nuclear Safety ASME related matters led by NRC:(3) l I
Appropriate Headquarters points of (IDNS) mayperform inspection. audit, documentation by IDNS of its inspection coatset willbe established.
and similar functions for nuclear power efforts for inclusion into the Anal NRC
- 13. Resolution ofissues concerning
{lants together with and for and on inspection report:(4) availability of NRC half of the -a lonundera training for IDNS inspectors: and (5)( :
e inspection and enforcement actidties invc!ving both NRC and OSHA program created pursuant to the timely exchange ofinformation betw. /
jurisdiction at NRC-licensed facilit!es American Society of Mechanical NRC andIDNS.
will be handled between NRC's Office Engineers Boiler and pressure 5.*l Deud at Rockvdle. Maryland. W..
l c,f Enforcement and OSHA's Directorate.
Code (ASME Code) and accepted b) of November 1ses.
1 NRC and IDNS.De Commission is it.
of Compliance programs. Each NRC an.d For the heleer Regulswry hw OSHA RegionalOffice will designate the process of finalizing the policy f*' **'W*I **'
Ststement on NRC cooperation with f,"lg*jf,"y states and the Subagrument may L'***'I'* Di'**'*!/*' OP*"U*n*-
j 8*luire revisions. in order to conform so Subasroement 2 Between the Nuclear For the Nuclear Regulatory Commission.
the final poucy Statement.
Regulatory e 8 a8= and the Ilhoons W8" 88'E* I'-
eats: Submit comments by December 22 Depastusent of Nuclear Safety Execunn Dimeserforoperosions-sees. Ceaunents received after this date
- Y october 21.1see.
will be considered if it is practical to do so.but assurance of consideration he Nuclear Regulatory Commission For the Occupatieaal Safety and Heshh casmot be given except as to comments' (NRC) and the Illinois Department of Aduunastrauon.
m 4 received on or before this date.
Safety (IDNS) entered into this Joha A"_
Aconssat Mall written comments to:
Subagreement under the authority of the Assistantsecretary.
Regulatory publicadas Branch.
Memorandum of Understanding (MOU1 Divlelon of Freedom of Informauon and of April 1984.between!!!!nois and NRC 88 E" 4""
publications Services. Office of (42 FR 20546: 8/15/1904) and under Adtninistration and Resources section 2741 of the Atomic Energy Act of Comment supera 12/aa/es.
Management. U.S. Nuclear Regulatory 1954, as amended.
14emorendum of Understanding (MOU)
Comunission. Washington, DC 20555.
y,goegg,.oand Setwoon the NRC and the lainois Deliver comments to 7920 Norfolk Department of Nuoteer Safety Avenue. Bethesda. Maryland between A.NRC and ASME Code y:45 a.m. and 4:15 p.m. weekdays except 1.The Atomic Energy Act of 1954, as Aesmen Nuclear Regulatory Federal holidays. Copies of comunents amended, and the Energy
. Consnission.
received may be examined at the NRC Reorganisation Act of1974, as amended.
Acnoen publication of Draft public Document Rom at 2120 L Street, require the Nuclear Regulatory Subegreement No.2 between NRC and NW Washmston,DClowerlevel.
Commission (NRC)(previously the the Illinois Department of Nuclear poa pusmenn seroneaanose costract Atomic Energy Commission (AEC)) to Safety for public comment.
Roland Lickus. Chief. State and license and regulats among other (
suasesann Section 274L of *he Atomic Government Affairs.U.S. Nuclear activities, the manufacture. construr.(
Energy Act of1954. as asranded, allows Regulatory FMaalon. Region W. NO and operatin of utmaanon facmues the Nuclear Regulatory Commission Roosevelt Road. Building #4. Glen Ellyn, (nuclear power tants)in order to assure minois. Mt37, (312) 790-6006.
the coaunon de nse and security and to (Commission or NRC) to enterinto an MU-47 Septofftber 30,1993 (reset)
_ _.. _.. _ ~. _ _ _ _ _ _ _ _ _... _ _. _ _ _ _ _ _ _ _ _,
!*~
l l"
Resoonse to Comments Received on Draft Manual Chaoter 1007 1
i REGION I C0fetENTS l
Section 09.01 l
~1.
It would seem beneficial to include guidance in the handling of
~
allegaticns. Many OSHA allegations that are received are of low safety
]
significsnce and will not be followed up by OSHA if passed on to them. It seems appropriate to use a Hazards Data Sheet to pass the concern on to the i
licens'ee in order to get the issue addressed. Also, guidance regarding how to hrndle allegations received by an NRC inspector during the course of an l
inspection should be provided.
l
Response
Management Directive 8.8 Management of Allegations (formerly i
Manual Chapter 0517) indicate that allegations that fall within the purview of OSHA are to be handled in accordance with NRC Inspection Manual, Chapter 1007, and are not to be j
entered in the AMS (Allegation Management System). Although i
the sugoostion for non-radiological hazard allegation guidance is appropriate because of the lack elsewhe're of clear procedural methods to handle them,.it is felt that t
this Manual Chapter is not the proper place for such j
delineation. At present, OSHA will be handling the non-l radiological hazards in their allegation system similar to this Agency's system for radiological hazard allegation.
NRC responsibility is to report to OSHA any non-radiological hazards or allegation via the methods of this chapter.
l Section 09.03 1.
Further clarification would be helpful in defining the term "significant" relative to a safety hazard. Also, repetitive items of lower safety significance should be included; if OSHA were called every time a safety hazard was identified, there would be more calls to OSHA than we are prepared, to make or they are able to handle. Limit calls to OSHA in the cases 1) where injury has occurred, 2) where problem reoccur, 3).where expertise is lacking on the part of NRC, 4) where there is clear major significance.
Response
TKe tem "significant" in terms of OSHA standards is a judgement on the part of the inspector and is left to his/her professional discretion. The oral or written contact with OSHA on all items that are identified to or by the inspector will elicit the assistance needed to determine the significance of an issue. Therefore, it is felt that the present requirements in the proposed Manual Chapter changes are adequate.
i REGION III C0091ENTS Section 07
I l
L i
1.
Suggest revision of this section to include the training requirement G-described in the Interface Procedures, 53 FR 47279 and the Nemorandum of Understanding (MOU), Page MU-49 dated April 30, 1992, for training of NRC personnel by OSHA personnel, and vice versa.
Response
The information contained in the MOU for providing OSHA training to enhance the ability of NRC personnel to identify i
safety matters under OSHA has been incorporated in paragraph 05.07 of the Manual Chapter. Since contents of training l
curriculums are dynamic over time, details for the training requirements can be obtained by contacting the TTC.
Section 09 1.
Recommiend that there'be allowance for option by the Regional Office OSHA Liaison Officer to provide either oral or written contact with OSHA Regional Office en all items. The OSHA Regional Office will pass this information to a local office, and written correspondence is easier to transmit error-free to multiple parties possibly involve.
Response
The option for either oral or written contact between the NRC Regional Office OSHA Liaison Officer and the OSHA Regional Office has been incorporated into Paragraph 09.03.
2.
If ' appears that the Region will no longer be sending NRR and NMSS copies of the Non-radiological Hazards Data Sheet, as the cc's have been deleted.
Response
The sending of copies of the Non-radiological Hazards Data Sheets is no longer required to be sent to NRR and NMSS.
However, Paragraph 09.04 requires copies be sent to NRR and NMSS of any correspondence that is generated to and from OSHA concerning a non-radiological hazard.
[
9 Section 09.03 1.
There is no guidance on determining the significance of OSHA issues.
Section 08.03 cautions NRC personnel that they are not to make OSHA decisions or judgement whether a condition is an OSHA violation or not. Recommend that "found to be significant" be taken out and that any item identified on the Non-radiological Hazards Data Sheet L transmitted to OSHA, with OSHA l
determining the significance of the matter.
Response
This suggestion has been incorporated in 09.02, 09.03, and 09.04. Paragraph 09.02 requires a written Data Sheet on identified safety concerns, employee complaint, or fatal accidents, at least for the inspection file, while paragraph 09.03 require oral or written notification to OSHA. This contact with OSHA will be instrumental in determining the severity of, and proper response to, the issue.
DECOMNISSIONING AND REGULATORY ISSUE BRANCH COMMENTS b
-.- -.. - -. _ _... -. - =
{
s F
I Section 02.01 l
l 1.
Revise to read "... are referred to facility management and the proper j
agency."
Response
Incorporated.
t l
Section 02.04 l
1.
Delete this paragraph. The revisions do specifically address the s
coordination of joint NRC-OSHA team assessmen' or alternatively, a section could be included to address the topic.
]
I
Response
Manual Chapter 2601 addresses Team Assessment and joint i
agency inspections. The paragraph is deleted.
t i
Section 03 1
1.
Delete "just" in the first sentence of the last paragraph. Paragraph seems to imply that only the NRC staff is reporting unsafe conditions to the proper authorities. Rewrite to indicate reciprocal r.ature of MOU.
l,
Response
Paragraph rewritten to reflect reciprocal nature of MOU.
Section 04.03 l
- 1. Revise section b to read "... (NMSS), as appropriate, of any issues that raise questions..."
i'
Response
Incorporated.
a Section 05.05 4
1.
This saction requires NRC inspectors to encourage facility management to report accidents to OSHA only when multiple hospitalizat*ons, or fatalities i
The rationale for restricting this action to.sultiple hospitalizations occur.
is unclear. If this requirement reflects OSHA reguiations, it should be clarified whether the " multiple hospitalizations" are the result of a single 1
j accident or of separate accidents caused by the sam. unsafe condition.
g i
Response
This topic is too complicated to be address here in this
)
j manual chapter. If there is indecision with the requirement to report or not, a report of the accident should be made.
h j
Section 08.03 l
- 1. Revise the first sentence to "It is important that NRC personnel recognize, I
understand and acknowledge that they are not to make. decisions regarding activities under the purview of OSHA." Also, it may be appropriate to include language to inform the licensee of the MOU and that the inspector will be 1
making the unsafe condition know to OSHA.
1 2
Response
The section has been rewritten.
i
i
.a
()
facilities; and
- b. as a point of collection of events and conditions having industrial and chemical safety significance at NRC materials and fuel cycle facilities.
Response
In most cases were the NRC Regional OSHA Liaison Office is indicated, an NMSS OSHA Liaison Officer is also indicated for events or conditions that occur at a fuel cycle facility.
Response
In Section 1007-09 REPORTING REQUIRENENTS, the NMSS OSHA Liaison Officer is added to the distribution list for copies i
of written correspondence generated by an inspector, or by a NRC Regional Office Liaison Officer to OSHA Regional Office 4
C e
e t
4