§2282c Worker Health and Safety Rules for Department of Energy Nuclear Facilities

Summary

The Secretary must write health and safety rules for industrial and construction work at DOE nuclear facilities run by contractors with indemnity agreements. The rules must be made after public notice and a chance to comment. They must give workers about the same level of protection they now have. The rules do not apply to facilities in the Naval Nuclear Propulsion Program. The rules may be adjusted for different hazards or work settings, for facilities that are closing, being torn down, or will be transferred, and to allow DOE to meet national security missions quickly. These rules do not change or replace any other safety law, order, or contract duty. Contractors or their subcontractors who break the rules can be fined up to $70,000 for each violation. If a violation keeps going, each day counts as a separate violation. Every contract with a covered contractor must let the Department reduce fees or payments when violations happen. The contract must list levels of violations and the corresponding fee reductions. For any one violation the Secretary must use either a civil fine or a contract fee reduction, not both. For certain entities named in related rules, the total penalties in a fiscal year cannot be more than the fees DOE paid that year. A contractor cannot be penalized twice for the same violation.