DOE Approves Lab's Safety, Health Program

The way DOE manages worker safety and health is undergoing a significant change. A new federal regulation, 10 CFR 851, Worker Safety and Health Program, became enforceable on Feb. 9, 2007.   

The regulation stems from a 2002 change Congress made to the Atomic Energy Act, which directed DOE to develop a set of safety and health regulations that apply to all of its facilities, just as all OSHA regulations generally apply to all of industry. Congress further directed that an enforcement process must be established, and that all contractors would be subject to civil penalties. 

Under the regulation, Berkeley Lab was required to have a DOE-approved local plan in place by May 25 or “no work may be performed.” Over the last two years, the EH&S Division worked with DOE’s Berkeley Site Office to develop the Berkeley Lab Worker Safety and Health Program, which meets the regulation’s requirements. The document received extensive internal and external review, and a final document was approved by DOE on April 27, one month before the May 25 deadline. 

The result is a Lab Worker Safety and Health Program that complies with the regulation. The Lab’s Work Smart Standards now include all of the standards required by the 851 rule, and EH&S practices are fully integrated into the Lab’s scientific and operations practices through the Integrated Safety Management System.

The Lab’s 851 Worker Safety and Health Program also increases the rigor that must be applied by all Berkeley Lab personnel regarding safety and health issues. Previously, Berkeley Lab was exempt from civil penalties for violating safety and health rules. Under the 851 Worker Safety and Health Program, however, civil penalties of up to $70,000 per day per violation can be issued to the Lab depending on severity and frequency. This change is intended to motivate contractors who operate DOE facilities to self-identify, inventory, fund and fix safety and health violations in the workplace.

This is the first of a series of articles that will describe these changes and help Lab employees integrate them into their life at Berkeley Lab.