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GAO-13-497R 1 (2013-05-29)

handle is hein.gao/gaobachfw0001 and id is 1 raw text is: GAO U°S. GO-RNMENT ACCOUNTABILIY OFFICE 441 G St. N.W. Washington, DC 20548 May 29, 2013 Congressional Committees Subject: Worker Safety and Health at Department of Energy Sites Work carried out at Department of Energy (DOE) sites across the country involves, among other things, (1) research on dangerous nuclear materials, such as plutonium, and (2) the handling and disposal of radioactive and hazardous waste that, if not handled safely, could cause nuclear accidents or expose the public and the environment to heavy doses of radiation. Workers at DOE sites also perform a wide range of other activities not involving nuclear materials, including construction, routine maintenance, and operating equipment, all of which run the risk of accidents. The consequences of these accidents could be less severe than those involving nuclear materials but could nevertheless result in injuries, long-term illnesses, or even death. Under the Occupational Safety and Health (OSH) Act of 1970, as amended, the Department of Labor's (Labor) Occupational Safety and Health Administration (OSHA) issues and enforces occupational health and safety regulations. OSHA, or a state with approval from OSHA, regulates the occupational health and safety of private sector employees unless another federal agency has and exercises its statutory authority to regulate. According to the DOE, the Atomic Energy Act (AEA) of 1954, as amended, authorizes DOE to regulate the occupational safety and health of private sector employees at facilities subject to the act. DOE has exercised this authority by issuing various departmental orders, directives, and regulations. In 2006, DOE promulgated regulations-10 C.F.R. Part 851 (Part 851)-which currently govern contractors' worker safety and health at certain DOE sites. DOE relies on contractors and subcontractors to perform day-to-day operations at most of its nuclear and nonnuclear facilities located at approximately 40 sites across the country. In recent years, DOE contractors as well as members of Congress have raised the possibility of revising Part 851 or making a federal agency other than DOE responsible for regulating worker health and safety at the National Nuclear Security Administration (NNSA), a separately organized agency within DOE responsible for the management and security of the nation's nuclear weapons programs. This report formally transmits the briefing slides presented to committee staff on March 12 and 14, 2013, in response to Senate Report No. 112-173, accompanying S. 3254, a version of the National Defense Authorization Act for Fiscal Year 2013, that directed GAO to review Part 851. The objectives of this report are to identify (1) key similarities and differences between Part 851, OSHA regulations, and the OSH Act; and (2) views of DOE, Labor, and OSHA officials; union representatives; and contractor representatives on whether Part 851 is equally, less, or more protective than OSHA regulations and the OSH Act. GAO-1 3-497R Worker Safety and Health Page 1

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