Addendum to the Memorandum of Understanding With the Department of Energy (August 28, 1992); Oak Ridge, Tennessee Properties, 41627 [2020-14839]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Page 41627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14839]



[[Page 41627]]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0027]


Addendum to the Memorandum of Understanding With the Department 
of Energy (August 28, 1992); Oak Ridge, Tennessee Properties

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This is a notice of an addendum to the interagency Memorandum 
of Understanding (MOU) between the U.S. Department of Labor (DOL), 
Occupational Safety and Health Administration (OSHA) and the U.S. 
Department of Energy (DOE). The MOU establishes specific interagency 
procedures for the transfer of occupational safety and health coverage 
for privatized facilities, properties, and operations from DOE to OSHA 
and state agencies acting under state plans approved by OSHA.

DATES: The expansion of the scope of recognition becomes effective on 
July 10, 2020.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Ms. Mikki Holmes, Acting 
Director, OSHA Office of Federal Agency Programs, Directorate of 
Enforcement Programs, U.S. Department of Labor, telephone: (202) 693-
2110; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    DOE and OSHA have entered into two MOUs to address both current and 
former DOE government-owned or leased, contractor-operated (GOCO) 
facilities. The first MOU, entered into on August 10, 1992, delineates 
regulatory authority over the occupational safety and health of 
contractor employees at DOE GOCO facilities by recognizing that DOE 
exercises statutory authority under section 161(f) of the Atomic Energy 
Act of 1954, as amended, (42 U.S.C. 2201(f)), relating to the 
occupational safety and health of private-sector employees at these 
facilities.
    Section 4(b)(1) of the Occupational Safety Health Act of 1970 (OSH 
Act) (29 U.S.C. 653(b)(1)) exempts from OSHA authority working 
conditions to which other federal agencies have exercised statutory 
authority to prescribe or enforce standards or regulations affecting 
occupational safety and health. The 1992 MOU acknowledges DOE's 
extensive program for the regulation of contractor health and safety, 
which requires contractor compliance with all OSHA standards along with 
additional DOE-prescribed requirements. The MOU sets forth an agreement 
that the provisions of the OSH Act do not apply to GOCO sites for which 
DOE has exercised authority to regulate occupational safety and health 
under the Atomic Energy Act.
    As a result of DOE's policy emphasis on privatization activities, 
OSHA and DOE entered into a second MOU on July 25, 2000, to establish 
interagency procedures addressing regulatory authority for occupational 
safety and health at specified privatized facilities and operations on 
sites formerly controlled by DOE. The July 25, 2000, MOU covers 
facilities and operations on lands no longer controlled by DOE, which 
are not conducting activities for, or on behalf of, DOE; and where 
there is no likelihood that any employee exposure to radiation from DOE 
sources would be 25 millirems per year (mrem/yr) or more.

II. Notice of Transfer

    In an email dated May 1, 2020, DOE requested that OSHA or, as 
appropriate, the Tennessee Occupational Safety and Health 
Administration (TOSHA) accept occupational safety and health regulatory 
authority over employees at the East Tennessee Technology Park in Oak 
Ridge, Tennessee, one parcel of land pursuant to the MOU on Safety and 
Health Enforcement at Privatized Facilities and Operations dated July 
25, 2000. Other facilities and properties at the East Tennessee 
Technology Park were transferred to TOSHA jurisdiction under this MOU 
by Federal Register notices 74 FR 120 (January 2, 2009); 74 FR 39977 
(August 10, 2009); 76 FR 80408 (December 23, 2011); and 79 FR 29456 
(May 22, 2014).
    The parcel of land, located at the East Tennessee Technology Park 
in Oak Ridge, Tennessee, and transferred by deed to the Community Reuse 
Organization of East Tennessee (CROET), is the Land Parcel Powerhouse 
Area, Duct Island, K-1007-P1 Pond Area at the East Tennessee Technology 
Park (ETTP).
    OSHA's Regional Office in Atlanta, Georgia, working with the OSHA 
Nashville Area Office and TOSHA, determined that TOSHA is willing to 
accept authority over the occupational safety and health of public-
sector and private-sector employees at the parcel of land at the East 
Tennessee Technology Park in Oak Ridge, Tennessee, that was transferred 
by deed to CROET. In a letter from OSHA to DOE dated June 26, 2020, 
OSHA stated that TOSHA is satisfied with DOE's assurances that (1) 
there is no likelihood that any employee at facilities in the vicinity 
of the land parcel will be exposed to radiation levels that will be 25 
millirems per year (mrem/yr) or more, and; (2) transfer of authority to 
TOSHA is free from regulatory gaps and does not diminish the safety and 
health protection of the employees.
    Accordingly, TOSHA accepts and maintains health and safety 
regulatory authority over employees in the vicinity of the Land Parcel 
Powerhouse Area, Duct Island, K-1007-P1 Pond Area at the East Tennessee 
Technology Park (ETTP).

III. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, authorized the preparation of this 
notice. This Federal Register notice provides public notice and serves 
as an addendum to the 1992 OSHA/DOE MOU. Accordingly, the agency is 
issuing this notice pursuant to Section 8(g)(2) of the Occupational 
Health and Safety Act of 1970 (29 U.S.C. 657(g)(2)), Secretary of 
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed at Washington, DC, on June 30, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-14839 Filed 7-9-20; 8:45 am]
BILLING CODE 4510-26-P