§2282c Worker health and safety rules for Department of Energy nuclear facilities

Summary

The Secretary must make health and safety rules for industrial and construction work at Department of Energy sites run by contractors who have indemnification agreements under section 2210(d). The rules must be made after public notice and a chance to comment under the Administrative Procedure Act. The rules must give workers about the same level of protection they now have. They do not apply to facilities or activities that are part of the Naval Nuclear Propulsion Program under Executive Order No. 12344 (Feb. 1, 1982). The rules must be flexible so they can fit different hazards, handle sites that will be closed, demolished, or transferred, and let DOE meet national security missions efficiently. This does not change other health and safety laws or obligations. A contractor (or its subcontractor or supplier) who breaks these rules can be fined up to $70,000 for each violation, and each day of a continuing violation counts as a separate violation. Contracts with covered contractors must also include fee reductions for violations, with different levels of violations tied to different reductions. For any one violation, the Secretary must use either civil fines or contract fee reductions, not both. For entities referenced in subsection (d) of section 2282a, total yearly fines and fee reductions cannot exceed the fees DOE paid that year. The Secretary must not punish a contractor twice for the same violation under this rule and section 2282a.