§2297h–13 — Title 42 The Public Health and Welfare | U.S. Code

Summary

When the company is privatized, the company must follow the Occupational Safety and Health Act of 1970 (OSHA). The Nuclear Regulatory Commission and OSHA must make a written agreement within 90 days after April 26, 1996, about who will inspect, investigate, enforce rules, and make rules for safety hazards at the gaseous diffusion plants. For antitrust law, a “matched import” contract counts as happening before privatization if, at privatization, the parties had agreed on all major terms and the Secretary of Commerce had confirmed it. The private company and its contractors must follow section 5851 of this title like any other employer. For the leased facilities the company runs, section 5846 applies to its directors and officers.

Title 42, §2297h–13

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)As of the privatization date, the private corporation shall be subject to and comply with the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

(2)The Nuclear Regulatory Commission and the Occupational Safety and Health Administration shall, within 90 days after April 26, 1996, enter into a memorandum of agreement to govern the exercise of their authority over occupational safety and health hazards at the gaseous diffusion plants, including inspection, investigation, enforcement, and rulemaking relating to such hazards.

(b)For purposes of the antitrust laws, the performance by the private corporation of a “matched import” contract under the Suspension Agreement shall be considered to have occurred prior to the privatization date, if at the time of privatization, such contract had been agreed to by the parties in all material terms and confirmed by the Secretary of Commerce under the Suspension Agreement.

(c)(1)The private corporation and its contractors and subcontractors shall be subject to the provisions of section 5851 of this title to the same extent as an employer subject to such section.

(2)With respect to the operation of the facilities leased by the private corporation, section 5846 of this title shall apply to the directors and officers of the private corporation.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(1), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see

Short Title

note set out under section 651 of Title 29 and Tables. Codification Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

§2297h–13 Application of certain laws