Introduction/Administrative News
The TRADE Industrial Hygiene/Occupational Safety Special Interest Group (IH/OS SIG) Steering Committee met on October 3, 2006 through a conference call meeting. IH/OS SIG Steering Committee Chair Ralph Hinterman, Argonne National Laboratory-East (ANL-E), facilitated the meeting in which the following Steering Committee members/guests participated:
Harold Bowers, Pacific Northwest National Laboratory (PNNL)
Deana Colley, PNNL
Mike Collins, Los Alamos National Laboratory (LANL) (represented Phil Gorgin)
Tom Cornell, Fluor Hanford Inc.
Andria Dutcher, Battelle, Grand Junction
Bill Frede, Honeywell FM&T
Harvey Grasso, DOE National Nuclear Security Administration, Livermore Site Office
Ralph Hinterman, ANL-E
Michael Hurshman, S.M. Stoller
Bob Kapolka, Oak Ridge Institute for Science and Education (ORISE)
Deborah McFalls, ORISE
John Peters, Brookhaven National Laboratory
David Weitzman, DOE, HS-11, Office Of Worker Safety and Health Policy
The following Steering Committee members notified the IH/OS SIG Chair/Coordinator that they could not participate in the meeting:
Phil Grogin, LANL
Dr. Daniel Marsick, DOE, HS-11, Office Of Worker Safety and Health Policy
Rob Nicholas, LANL
Contractor Worker Safety and Health Poster
As noted in the 10 CFR 851 Rule, there is a required notice that must be posted in the workplace at the DOE sites. DOE had now made available through their Web site, the poster designed to meet this requirement which can be downloaded from url: http://www.eh.doe.gov/health/rule851/851Final.html
The Steering Committee members encouraged David Weitzman to have DOE to make an official announcement about the availability of the DOE poster. At David’s request, Deborah McFalls will send an E-mail through the TSL Listserv about the availability of the DOE poster. The Committee also recommended that the poster be referenced in the Implementation Guide.
Briefing of the 851 Position Papers
Two 10 CFR 851 rule related position papers have been posted at url:
http://www.eh.doe.gov/health/rule851/851final.html that cover the following topics:
Position Paper:Who is covered by 851?
There have been several questions about who is covered by the 851 rule. There are several different arrangements under which people are performing work at the DOE sites. Many of these people are not contractors. They could be visiting scientists, students, professionals from private organizations, etc. Questions have been raised about if those people are covered within the scope of the rule. The rule defines “contractor” for the purposes of the regulation as “any entity, including affiliated entities, such as a parent corporation, under contract with DOE, or a subcontractor at any tier, that has responsibilities for performing work at a DOE site in furtherance of a DOE mission.” Under this definition, it must be determined what is meant by “under contract with DOE” and “in furtherance of a DOE mission.” The position paper addresses who is covered by the rule.
Position Paper: Application of Consensus Standards
The rule requires contractor compliance with specific consensus safety and health standards to the extent the standards are applicable to the hazards at their covered workplaces.
Because the standards incorporated in the regulation include specific issuance dates, a number of contractors have expressed concern that application of the modern standards to many of the older DOE facilities would require DOE contractors to undertake expensive retrofits or to seek numerous variances from the requirements in these standards. In considering the application of these external standards in the regulation, an important concept is that, unless the regulation states otherwise, the entire standard, including its scope and any other instructions as to how the standard is to be applied, is included as part of the regulation. Therefore, if the standards adopted in Part 851 indicate that they are not to be applied retroactively or, they apply only to design and construction, as opposed to existing facilities, they would not apply to existing facilities that are not undergoing new construction. The great majority of the referenced standards contain language indicating that they apply to “design and construction” or, in the case of the National Electrical Code, “installations”–not to existing facilities or existing electrical systems. In addition, many of the standards clearly indicate that they are not intended to be applied retroactively. The position paper addresses the limited issue of how consensus safety and health standards adopted in the regulation should be applied.
Information from the positions papers will also be included in the Implementation Guide being developed by DOE.
10 CFR 851 Implementation Workshops
David Weitzman reported to the Steering Committee that DOE does not plan any more implementation workshops at this time. There is no additional information to share with contractors beyond what has been provided through past teleconferences and DOE’s 10 CFR 851 Worker Safety and Health Program Web site (www.eh.doe.gov/health/rule851/851final.html).
DRAFT 10 CFR 851 Guidance Document
David Weitzman reported that he is currently addressing comments that have come in on the draft of the Implementation Guide. Steering Committee Member Harvey Grasso is providing text for the document on baseline surveys. David is hoping to have the draft ready for the editors to edit/format as needed by October 20.
Draft 440.1b Document
Draft 440.1b, that will replace 440.1a, has been submitted to the main office of HSS for approval for the coordination process for a directive. The 440.1b version will have similar content to the .1a version but would only apply to Federal employees. The .440.1a has a contractor section which is now covered under the new 851 rule.
Newly Formed Office of Health, Safety and Security Dan Marsick had previously reported that the EH reorganization will be official effective October 1, 2006 under the new program name of Office of Health, Safety and Security (HSS). Glenn Podonsky will be the new Chief Officer of HSS. Dan and David Weitzman will continue to report to Bill McArthur who will report to Pat Worthington as part of the Office of Health and Safety (HS10)/Office of Worker Safety and Health Policy (HS11). A chart of the organization can be found at the HSS Web site (http://www.hss.energy.gov/).
Under the old organization structure, David’s office provided assistance to the contractors as needed. Under the new organization structure that responsibility has been moved to the newly formed Office of Worker Safety and Health Assistance (HS-12) lead by Bradley Davy.
Data from the old EH Web site can still be accessed from the HSS Web site by clicking on the menu button of “Environment, Safety and Health.”
Planning for 2007 IH/OS SIG Steering Committee Workshop
Committee Chair Ralph Hinterman is requesting that Committee Members submit to Deborah McFalls suggestions for an event that the Steering Committee Workshop could link to in 2007. The Steering Committee will discuss the workshop in further details during the next conference call meeting.
Future Steering Committee Conference Call Meeting
The next Steering Committee Conference Call meeting is scheduled for November 16, 1:15 – 2:45 EST, conference call number is: (301)903-9157.
For additional information, please contact: Deborah McFalls, IH/OS SIG Coordinator
Oak Ridge Institute for Science and Education
P. O. Box 117, MS 10
Oak Ridge, TN 37831-0117
Dan Marsick had previously reported that the EH reorganization will be official effective October 1, 2006 under the new program name of Office of Health, Safety and Security (HSS). Glenn Podonsky will be the new Chief Officer of HSS. Dan and David Weitzman will continue to report to Bill McArthur who will report to Pat Worthington as part of the Office of Health and Safety (HS10)/Office of Worker Safety and Health Policy (HS11). A chart of the organization can be found at the HSS Web site (