[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Notices]
[Pages 55284-55286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26685]



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DEPARTMENT OF LABOR
Occupational Safety and Health Administration


Grants and Cooperative Agreements; Availability, etc: Energy 
Department's Safety and Health Review Programs at Government-Owned-
Contractor-Operated Facilities

AGENCY: Occupational Safety and Health Administration (OSHA).

ACTION: Notice of availability of funds and request for grant 
applications.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) 
wishes to award funds to a non-profit organization to study items 
specified in a recent Memorandum of Understanding (MOU) between the 
Department of Energy and OSHA. The MOU covers potential assumption by 
OSHA of health and safety related jurisdictional responsibilities 
currently being performed by DOE at its Government-Owned-Contractor-
Operated (GOCO) facilities.

DATES: All applications must be received no later than 4:30 p.m. 
Eastern Standard Time, November 20, 1995.

ADDRESSES: Grant applications must be submitted to: U.S. Department of 
Labor--Occupational Safety and Health Administration, Office of 
Finance, Division of Grants Management, 200 Constitution Avenue, NW, 
Washington, DC 20210, Attn: E. Tyna Coles.

FOR FURTHER INFORMATION CONTACT: Rick Cee, Division Director, OSHA Salt 
Lake Technical Center, 1781 South 300 West, Salt Lake City, UT 84165.

SUPPLEMENTARY INFORMATION: 

Background

    Section 20(c) of the Occupational Safety and Health Act provides 
for the Secretary to enter into contracts, agreements or other 
arrangements with appropriate public agencies or private organizations 
for the purpose of conducting studies relating to his responsibilities 
under this Act.

Scope

    The purpose of this notice is to announce the availability of funds 
for one grant to review the Department of Energy's safety and health 
programs.

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    In addition to the Assistant Secretary of Labor for the 
Occupational Safety and Health Administration, the final report shall 
be submitted concurrently to the Assistant Secretary of Energy for 
Environment, Safety, and Health.
    The advisory services requested will have considerable impact 
regarding the transfer of health and safety oversight from the 
Department of Energy (DOE) to OSHA. The operations and systems to be 
studied are highly sophisticated, requires a high level of security 
when examining certain issues, and has a large magnitude of scope. To 
provide OSHA advice regarding these systems and operations requires the 
contractor to be familiar with the operations of DOE, OSHA, and other 
aspects of the Federal government, to be capable of handling any 
security issues as they arise (security clearances, confidentiality, 
etc.), to be capable of grasping the highly sophisticated nature of 
work performed at the GOCO sites, to have impartiality and independence 
during any deliberations, and have the technical expertise available to 
make sound recommendations concerning critical health and safety 
issues. Respondents should have the capability to assemble as committee 
or board of the Nation's eminent scholars which are then able to render 
advice and guidance of high quality and objectivity to address high 
priority national problems.
    The study must include but is not limited to:

--An inventory of DOE facilities and identification of the types of 
hazards likely to be found at each of these facilities;
--An examination of DOE's current occupational safety and health 
program and the role that this corporate program could assume if there 
is a transition to OSHA enforcement;
--An investigation of the additional resources required by OSHA if it 
were to assume the transferred regulatory and enforcement authority and 
of the external costs associated with maintaining regulatory and 
enforcement authority within DOE.
--The development of a transition schedule for OSHA if it were to 
assume enforcement authority over working conditions at DOE GOCO 
facilities;
--Identification and consideration of recent occupational safety and 
health program improvements within the DOE community such as the 
establishment of safety and health committees;
--An examination of lessons learned from OSHA special emphasis programs 
and existing DOE external enforcement activities [e.g., transfer of the 
gaseous diffusion plants to OSHA enforcement, Nuclear Regulatory 
Commission (NRC), and
--Environmental Protection Agency (EPA) enforcement activities; OSHA 
enforcement of worker protection matters on non-exempt DOE facilities] 
as well as future findings of the Advisory Committee on External 
Regulation of DOE Nuclear Safety; and
--An examination of the worker protection-related roles of other 
external enforcement activities and clarification of institutional 
relations between: OSHA and DOE; DOE and its management and operating 
(M&O) contractors; M&O contractors and subcontractors; and between 
Federal, State, and Tribal jurisdictions.

Eligible Applicants

    Any nonprofit organization that is not an agency of a State or 
local government is eligible to apply. However, State or local 
government supported institutions of higher education are eligible to 
apply in accordance with 29 CFR 97.4(a)(1). Applicants other than State 
or local government supported institutions of higher education will be 
required to submit evidence of nonprofit status, from the Internal 
Revenue Service.
    A consortium of two or more eligible applicants is also eligible to 
apply. Each consortium must have a written agreement that spells out 
roles and responsibilities for each consortium member and designates 
one member as the lead agency. The lead agency will receive the grant 
and be responsible for grant administration.

Nonsupportable Activities

    Statutory and regulatory limitations, as well as the objectives of 
the grant program, prevent reimbursing grantees for certain activities. 
These limitations include the following.
    1. Any activities inconsistent with the goals and objectives of the 
Occupational Safety and Health Act of 1970.
    2. Activities for the benefit of State, county or municipal workers 
unless those workers are covered by a State Plan funded by OSHA under 
section 23(g) of the Occupational Safety and Health Act.
    3. Activities that provide assistance to workers in arbitration 
cases or other actions against employers, or that provide assistance to 
employers and/or workers in the prosecution of claims against Federal, 
State or local governments.
    4. Activities that directly duplicate services offered by OSHA, a 
State under a State Plan, or consultation programs provided by State 
designated agencies under section 7(c)(1) of the Occupational Safety 
and Health Act.
    5. Activities directly or indirectly intended to generate 
membership in the grant recipient's organization. This includes 
activities to acquaint nonmembers with the benefits of membership, 
inclusion of membership appeals in materials produced with grant funds, 
and membership drives.

Administrative Requirements

    Grantees will comply with applicable requirements of the following 
OMB Circulars.
    1. A-110, which covers grant requirements for nonprofit 
organizations, including universities and hospitals. The Department of 
Labor regulations implementing this circular can be found at 29 CFR 
Part 93.
    2. A-21, which gives cost principles applicable to educational 
institutions.
    3. A-122, which gives cost principles applicable to other nonprofit 
organizations.
    4. A-133, which provides audit requirements. The Department of 
Labor regulations implementing this circular can be found at 29 CFR 
Part 96.
    All applicants will be required to certify to a drug-free workplace 
in accordance with 20 CFR Part 98 and to comply with the New 
Restrictions on Lobbying published at 29 CFR Part 93.

Evaluation Process and Criteria

    Applications for grants solicited in this notice will be evaluated 
on a competitive basis by the Assistant Secretary for Occupational 
Safety and Health with assistance and advice from OSHA staff.
    The following factors, which are not ranked in order of importance, 
will be considered in evaluating grant applications.

1. Program Design

    a. The plan for evaluating the program's effectiveness in achieving 
its objectives.
    b. The feasibility and soundness of the proposed work plan in 
achieving the program objectives effectively.

2. Program Experience

    a. The occupational safety and health experience of the applicant 
organization.
    b. The experience of the applicant organization in developing and 
conducting complex scientific studies.
    c. The technical and professional expertise of present or proposed 
project staff in occupational safety and health.

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3. Administrative Capability

    a. The managerial expertise of the applicant as evidenced by the 
variety and complexity of programs it has administered over the past 
five years.
    b. The experience of the applicant in administering Federal and/or 
State grants.
    d. The completeness of the application, including budget detail, 
narrative and workplans.

4. Budget

    a. The reasonableness of the budget in relation to the proposed 
study.
    b. The compliance of the budget, with Federal cost principles 
contained in applicable OMB Circulars.

Availability of Funds

    There is approximately $500,000 available for this grant which will 
be awarded for a six-month period.

Notification of Selection

    Following review and evaluation, an organization will be selected 
and will be notified by a representative of the Assistant Secretary. 
Any applicant whose proposal is not selected will be notified in 
writing to that effect. Notice of selection as a potential grant 
recipient will not constitute approval of the grant application as 
submitted. Prior to the actual grant award, representatives of the 
potential grant recipient and OSHA will enter into negotiations 
concerning such items as review guidelines, final funding levels, and 
administrative systems. If negotiations do not result in an acceptable 
submittal, the Assistant Secretary reserves the right to terminate the 
negotiation and decline to fund the proposal.

    Signed at Washington, DC, this 20th day of October, 1995.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 95-26685 Filed 10-27-95; 8:45 am]
BILLING CODE 4510-26-M