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

Summary

The Secretary of Energy must make health and safety rules for industrial and construction work at DOE sites run by contractors with indemnification agreements. The rules must be written after public notice and a chance for people to comment under the Administrative Procedure Act. The rules must give workers about the same level of protection they have now. The rules do not apply to the Naval Nuclear Propulsion Program. The Secretary must let the rules be flexible so they can be changed for different job hazards, for sites that are closing or being demolished or transferred, and so DOE can carry out national security work. Making these rules does not reduce or replace any other safety laws or orders. Contractors (and their subcontractors or suppliers) covered by those indemnification agreements who break the rules can be fined up to $70,000 for each violation. If a violation continues, each day is a separate violation. Every contract must also include clauses that reduce the contractor’s fees or payments when violations occur, with larger reductions for more serious violations. For any one violation, the Secretary must choose either a civil fine or a contract fee reduction, not both. For entities covered by subsection (d) of section 2282a, the total civil and contract penalties in a fiscal year cannot be more than the fees DOE paid that entity that year. The Secretary must not penalize a contractor twice for the same violation under this rule and under section 2282a.