ML20207C589

Requests Occupational Safety & Health Administration (OSHA) Endorsement of NRC Form 3, Notice to Employees, as Alternative to OSHA Notice Currently Contained in 29CFR24, App a

ML20207C589
Person / Time
Issue date:	05/25/1999
From:	Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Jeffress C LABOR, DEPT. OF, OCCUPATIONAL SAFETY & HEALTH ADMIN.
References
NUDOCS 9906030068
Download: ML20207C589 (7)

Text

l g entu g g k UNITED STATES 2

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066-0001

\,,g */ May 25, 1999 i l i

Mr. Charles N. Jeffress Assistant Secretary Occupational Safety and Health Administration (OSHA) 200 Constitution Avenue, N.W.

Washington, D.C. 20210

Dear Mr. Jeffress:

The purpose of this letter is to obtain the Occupational Safety and Health Administration's (OSHA) endorsement of NRC's Form 3, " Notice to Employees," as an alternative to OSHA's notice currently contained in 29 CFR 24 Appenatx A. The Nuclear Regulatory Commission (NRC) recently established four Performance Goals in an attempt to focus on safety and risk-significant issues, and be more efficient and responsive to the public. These four goals are:

maintain safety, enhance public confidence, increase officiency/ effectiveness of key NRC processes, and reduce unnecessary regulatory burden. As part of our agency's effort to meet these performance goals, our respective staffs have been engaged in discussions to determine if OSHA could accept NRC Form 3," Notice to Employees," as an alternative to OSHA's notice currently contained in 29 CFR 24 Appendix A. OSHA's endorsement of NRC's Form 3 would reduce the regulatory burden in that it would provide to licensees, licensee employees, and the public, in one docurnent, all the information they need about how to bring health and safety concerns to the NRC and tile protections available to them from the Department of Labor (DOL).

It is my understanding that the changes OSHA proposed to the NRC were reviewed and approved by the DOL Fair Labor Standards Division of the Solicitor's Office. As part of our review process of your office's three proposed changes, the NRC discovered a point that

~

needed clarifying and therefore is proposing a minor change to Form 3 as well. The change informs individuals who feel that they have been discriminated against that, if they desire a personal remedy, they must file with the DOL.

The enclosure to this document lists as items 1,2, and 3 the three changes your office proposed and my staff accepted item 4 is the proposed NRC change as it will appear in the revised Form 3. I have also enclosed a copy of the current NRC Form 3 for comparison purposes.

Y W- 97 i 9906030068 990525 h' ' 0b l I

PDR ORG EUSDOL >

PDR , ,

Mr. Charles N. Jeffress When you notify me of OSHA's endorsement, the NRC will take responsibility for publishing and distributing the revised NRC Form 3.

Thank you for your attention to this matter. If you have any questions, please contact Carl Mohrwinkel at 301-415-1293.

i Sincerely, o,,

Er "*1sig originst signed by t ui .,a a e

• 4cgj# 4 :s

,,,,,3, William D. Travers Executive Director for Operations

Enclosures:

As stated DISTRIBUTION:

+ file Center /PUBLIC ,

CMohrwinkel EBaker RZimmerman/SCollins WTravers Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield SECY OGC OCA OPA CFO CIO DOCUMENT NAME: osha.wpd

• See previous concurrences To recalve a copy of this document, Indicate in the bor: 'C" = copy without attachment / enclosure, "E" = copy with attachment / enclosure, 'W = no copy OFFICE NRR*l NRR* l DD:NRR* D:NRR* EDO_ Aj l NAME CMohrwinkel EBaker RZimmerman SCollins WT W DATE 05/19/99 05/19/99 05/ /99 05/20/99 548 F /

OFFICE OGC* l NAME DDambly DATE j 5/10/99 OFFICIAL RECORD COPY

e Mr. Charles N. Jeffress When you notify me of OSHA's endorsement, the NRC will take responsibility for publishin and distributing the revised NRC Form 3.

Thant you for your attention to this matter. If you have any questions, please cont t Carl Mohrwinkel at 301-415-1293.

Sincerely, Shirley Ann Jackso

Enclosures:

As stated DISTRIBUTION:

File Center /PUBLIC CMohrwinkel EBaker RZimmerman/SCollins WTravers Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield SECY <

OGC OCA OPA CFO CIO DOCUMENT NA  : osha.wpd b-\

q To rtcwe a copy of this document, ' dicate in the bor "C" = copy without attachment / enclosure "E"= copy with attachment /t.nclosure "N" e no copy OFFICE NRR) $ NRR (2frff DD:NRR D:$f3d EDO l NAME CM6hTwinkel EBakef' ' 9tZingerman S@ WTravers DATE OS/)q/99 05/M /99 & Of /99 05/39/99 05/ /99 OFFICE _/ OCM l 066 .Il i NAME / Chairman g Hod!4 YN DATE / 05/ /99 6< V V2,{19

- . . . - . . _. - _ _ _ _ _ _ _ _ _ ~

i Mr. Charles N. Jeffress l When you notify me of OSHA's endorsement, the NRC will take responsibility for publishing and i distributing the revised NRC Form 3.

i Thank you for your attention to this matter. If you have any questions, please contact Carl Mohrwinkel at 301-415-1293.

Sincerely, I JozAQ.

i William D.@favers Executive Director N for Operations

Enclosures:

As stated i

i i

y .

ENCLOSURE 1 The following three items propceed by OSHA are accepted by the NRC: ;

1) In the paragraph, "What Forms of Discrimination are Prohibited?" the first sentence will read:

"It is unlawful for an employer to fire you or discriminate against you with respect to pay, benefits, or working conditions, because you help the NRC or raise a safety issue or otherwise engage in protected activities. "

The second sentence will be amended as follows:" Violations of Section 211 of the Energy Reorganization Act (ERA) of 1974 (42 U.S.C. 5851) include actions such as harassment, blacklisting, and intimidation by employers of..."

2) In the paragraph, "How Do I File a Discrimination Complaint?", the second sentence is changed and a new third sentence is added as follows: "Your complaint to DOL must describe in detail the basis for your belief that the employer discriminated against you on the basis of your protected activity, and it must be filed in writing either in person or by mail within 180 days of the discriminatory occurrence. Additional information is available at the DOL web site at www. osha. gov."

3) In the paragraph,"What Can the Department of Labor Do?", second sub-paragraph will read:

"If the DOL Iinds that your employer has unlawfully discriminated against you, it may order that

_ you be reinstated, receive back pay, or be compensated for any injury suffered as a result of the discrimination and be paid attomey's fees and costs."

A new third sub-paragraph will be added as follows: " Relief will not be awarded to employees who engage in deliberate violations of the Energy Reorganization Act or the Atomic Energy

- Act."

The NRC proposes the following change:

4) in the paragraph, "How Do I File a Discrimination Complaint?", the first sentence is changed and broken into two sentences as follows: "If you believe that you have been discriminated against for bringing violations or safety concerns to the NRC or your employer, you may file a complaint with the NRC or the U.S. Department of Labor (DOL). If you desire a personal remedy, you must file a complaint with DOL pursuant to Section 211 of the ERA."

l l

1 I

l I

1 l

l NRC FORM 3 UNITED STATES NUCLEAR (9/1998) Washington,1 l'

NOTICE TO STANDARDS FOR PROTECTION AGAINST RAD REPORTS TO WORKERS; INSPECTIO 1

WHAT IS THE NUCLEAR REGULATORY COMMISSION? to your supervisor. You may report violations or safety concerns directly to the NRC. However, the NRC encourages you to raise your concems with the The Nuclear Regulatory Commission is an independent Federal regulatory heensee since it is the licensee who has the primary responsibility for, and is ag:ncy responsible for licensing and inspecting nuclear power plants and other most able to ensure, safe operation of nuclear facilities. If you choose,to commercial uses of radioactive materials. report your concem directly to the NRC, you may report this to an NRC in-spector or call or write to the NRC Regional Office serving your area. If you WHAT DOES THE NRC DO? send your concem in writing, it will assist the NRC in protecting your identity if Tha NRC's primary responsibility is to ensure that workers and the public are you clearly state in the beginning of your letter that you have a saf ety concem protected from unnecessary or excessive exposure to radiation and that nuciear or that you are submitting an allegation. The NRC's toll. free SAFETY HOTLINE .

f acihties, including power plants, are constructed to high quality standards and for reporting safety concerns is listed below. The addresses for the NRC j operated in a safe manner. The NRC does this by establishing requirements Regional Offices and the toll-free telephone numbers are also listed below. I in Title 10 of the Code of Federal Regulations (10 CFR) and in heenses issued  ;

to nuclear users. WHAT IF 1 WORK WITH RADIOACTIVE MATERIAL OR IN THE VICINITY '

OF A RADIOACTIVE SOURCE?

WH AT RESPONSIBILITY DOES MY EMPLOYER HAVE7 If you work with radioactive materials or near a radiation source, the amount of Any company that conducts activities licensed by the NRC must comply with radiation exposure that you are permitted to receive may be limited by NRC ,

the NRC's requirements. If a company violates NRC requirements,it can be regulations. The limits on your exposure are contained in sections 20.1201, I fined or have its license modified, suspended or revoked. 20.1207, and 20.1208 of Title 10 of the Code of Federal Regulations (10 CFR !

20) depending on the part of the regulations to which your employer is subject.

Your employer must tell you which NRC radiation requirements apply to your While these are the maximum allowable limits, your employer thould also keep work and must post NRC Notices of Violation involving radiological working your radiation exposure as far below those limits as " reasonably achievable."

conditions.

MAY I GET A RECORD OF MY RADIATION EXPOSURE?

WHAT IS MY RESPONSIBILITY? Yes. Your employar is required to advise you of your dose annually if you are For your own protectior and the protection of your co-workers, you 6hould exposed to radiation for which monitoring was required by NRC. In addi$on, know how NRC requirements relate to your work and should nbey them. If you you may request a written report of your exposure when you leave your pb.

observe violations of the requirements or have a safety concern, you should report them. HOW ARE VIOLATIONS OF NRC REQUIREMENTS IDENTIFIED?

NRC conducts WHAT IF 1 C AUSE A VIOLATION? with NRC requ regular irements. inspections In addition, at licensed your employer facilities to and site contractors con-ass If you engaged in deliberate misconduct that may cause a violation of the NRC duct their own inspections to assure complieme. Allinspectors are protected 1 requirements, or would have caused a violation if it had not been detected or by Federal law. Interference with them may result in criminal prosecution for a ditiberately provided inaccurate or incomplete information to either the NRC Federal offense.

or to your employer, you may be subject to enforcement action. if you report such a violation, the NRC will consider the circumstances surrounding your MAYlTALK WITH AN NRC LNSPECTOR?

reporting in determining the appropriate enforcement action,if any. Yes. NRC inspectors want to talk to you if you are worried about radiation safety or have other safety concerns about licensed activities, such as the HOW DO I REPORT VIOLATIONS AND SAFETY CONCERNS? quality of construction or operations at your facility. Your employer may not if you believe that violations of NRC rules or the terms of the license have prevent you from talking with an inspector. The NRC will make all reasonable occurod, or if you have a safety concem, you should report them immediately efforts to protect your identity where appropriate and possible.

UNITED STATE

= A representative c

. o - ,  ; complaint,s or con r Commission rules r, cv

• " **,, a

.u nu m eo im "E" Ye REGION se A *

,, ,ana$

• a U.S. Nucl-sr l 475 Allent m ,, ,,e King of Pr

" " VIRGIN ISWDe pacmc marr ac U.S. Nucl wows m #g a wms " Atlanta h 61 Forsyt Hamma l

A a REGtON N e man Atlanta, G om oW REGeoN N A ATL.AMrA

1. " " U.S. Nucl

"' aminommo lll 801 Wam b "h" L -.e Lisle,IL (

M U.S. Nuct l\/ 611 Ryan Arlington, A - Callaway Plant Site in Missouri and Grand Gulf Plant Site in Mississippi are under the purview of Region IV.

The Paducah Gaseous Diffusion Plant in Kentucky is under the purview of Region ill.

ENCLOSURE 2 9EGULATORY COMMISSION g""49 C 20555-0001 k

=MPLOYEES fTION (PART 20); NOTICES, INSTRUCTIONS AND  ;

0 i

1S (PART 19); EMPLOYEE PROTECTION *****#o MAY I REOUEST AN INSPECTION? HOW DO I FILE A DISCRIMINATION COMPLAINT?

Y;s. If you believe that your employer has not corrected violations involving if you believe that you have been discriminated against for bringing violations radiological working conditions, you may request an inspection. Your request or safety concerns to the NRC or your employer, you may file a complaint with thould be addressed to the nearest NRC Regional Office and must describe the U.S. Department of Labor (DOL) pursuant to Section 211 of the ERA. Your th3 c!!;ged violation in detall it must be signed by you or your representative. complaint must describe the firing or discrimination and must be filed within 180 days of the occurrence. Filing an allegation, complaint, or request for HOW DO I CONTACT THE NRC7 action with the NRC does not extend the requirement to file a complaint with Tilk to En NRC it spector on-site or call or write to the nearest NRC Regional the DOL within 180 days. You must file the complaint with the DOL. To do so, Offica in your geographical area (see map below). If you call the NRC's toll. you may contact the Allegation Coordinator in the appropriate NRC Region, as frrs SAFETY HOTLINE dunng normal business hours, your call will automati. listed below, who will provide you with the address and telephone number of cally be directed to the NRC Regional Office for your geographical area. If you the correct OSHA Regional office to receive your complaint. You may also cill aftir normal business hours, your call will be directed to the NRC's Head- check your local telephone directory under the U.S. Govemment listings for quartirs Opera 1 ions Center, which is manned 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, the address and telephone number of the appropriate OSHA Regional office.

CAN I CE FIRED FOR RAISING A SAFETY CONCERN 7 WHAT CAN THE DEPARTMENT OF LABOR DO?

Fcderal Ltw prohibits an employer from firing or otherwise discriminating against If your complaint involves a violation of Section 211 of the ERA by your em-you for bringing safety concems to the attention of your employer or the NRC. ployer, it is the DOL, NOT THE NRC, that provides the process for obtaining a Nou may not be fired or discriminated against because you: personal remedy. The DOL will notify your employer that a complaint has

• Esk the NRC to enforce its rules aGainst your employer; been filed and willinvestigate your complaint.

• ** *"U*O* " # #* " '

e provida information or are about to provida information to the NRC or your If the DOL finds that your employer has unlawfully discriminated against you, it may order that you be reinstated, receive back pay, or be compensated for any employer about violations of requirements or safety concems,'

injury suffered as a result of the discrimination.

e tre about to ask for, or testify, help, or take part in an NRC, Congressional, or my Federal or State proceeding. WHAT WILL THE NRC DO?

I WHAT FORT'S OF DISCRIMINATION ARE PROHIBITED? The NRC will evaluate each allegation of harassment, intimidation, or disenmina- 1 tion. Following this evaluation, an investigator from the NRC's Office of Inves-It is unliwful for an employer to fire you tigations spect to pay, benefits, or workingions conditor becausediscriminate against you help the NRC or you with may re- interview you and review avac 1ble documentation. Based on the evaluation, and, if applicable, the interview, the NRC will assign a priority I raise a safety issue or otherwise discoura e you from engaging in protected and a decision will be made whether to pursue the matter further through an  ;

I 585 ) nc ude the h rassment nd intimi t b e p oy s investigation. The assigned prionty is based on the specifics of the case and 2'u S.

of (1) trnployees who bring safety concems directly to their employers or to the its significance relative to other ongoing investigations. The NRC may not NRC; (ii) employees who have refused to engage in an unlawful practice, pro, pursue an investigation to the point that a conclusion can be made whether the vided that the employee has identified the illegality to the employer; (iii) em, harassment, intimidation, or discrimination actually occurred. Even if NRC ployeis who have testified or are about to testify before Congress or in any decides not to pursue an investigation,if you have filed a complaint with DOL, Fcderal or State proceeding regarding any provision (or proposed provision) the NRC will monitor the results of the DOL investigation.

of the ERA or the Atomic Energy Act (AEA) of 1954; (iv) employees who have if the NRC or DOL finds that unlawful disenmination has occurred, the NRC commenced or caused to be commenced a proceeding for the administration or enforcement of any requirement imposed under the ERA or AEA or who may issue a Notice of Violation Ao your employer, impose a fine, or suspend, have, or are about to, testify, assist, or participate in such a proceeding, modify, or revoke your employer's NRC license.

mi l

. NUCLEAR REGULATORY COMMISSION REGIONAL OFFICE LOCATIONS tha Nuclear Regulatory Commission can be contacted by employees who wish to register erns about radiological working conditions or other matters regarding compliance with and r:gulations at the following addresses and telephone numbers.

REGIONAL OFFICES ADDRESS TELEPHONE To report incidents invorving r Regulatory Commission, Region i To report safety concerns or fraud, waste, or abuse le Road (800)432-1156 violations of by an NRC employee

sh, PA 19406-1415 NRC requirements or NRC contractor, by your employer, ir Regulatory Commission, Region !!

ern cente' Street, S.W., Suite 23T85 (800) 577-8510 telephone'

~3d 5 NRC OFFICE OF THE r Regigory Commission, Region rii (800) 522 3025 SAFETY HOTLINE INSPECTOR GENERAL

' 5 '

ir Regulatory Commission, Region IV HOTLINE lan Drive, Sune 400 1-800-695-7403 (800) 952-9677 1-800-233-3497 X 76011-8064