[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Page 42535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20774]


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DEPARTMENT OF ENERGY

DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Office of Environment, Safety and Health; Notice of Addendum to 
Memorandum of Understanding: Savannah River Site, Three Rivers Solid 
Waste Authority

SUMMARY: This notice is to advise the public of an addendum to the 
interagency memorandum of understanding which delineates regulatory 
coverage of occupational safety and health at government-owned, 
contractor-operated sites administered by the Department of Energy. The 
addendum provides for coverage by the Occupational Safety and Health 
Administration of certain facilities and operations at the Savannah 
River Site in South Carolina.

EFFECTIVE DATE: August 7, 1997.

FOR FURTHER INFORMATION CONTACT: Bonnie Friedman, Director, Office of 
Public Information and Consumer Affairs, U.S. Department of Labor, 
Occupational Safety and Health Administration, Room N-3647, 200 
Constitution Avenue, N.W., Washington, DC 20210. Telephone: (202) 219-
8615.

SUPPLEMENTARY INFORMATION: The U.S. Department of Energy (DOE) and the 
Occupational Safety and Health Administration of the U.S. Department of 
Labor (OSHA), entered into a Memorandum of Understanding on August 10, 
1992, delineating regulatory authority over the occupational safety and 
health of contractor employees at DOE government-owned or leased, 
contractor-operated (GOCO) facilities. In general, DOE exercises 
statutory authority relating to the occupational safety and health of 
private sector employees at these facilities.
    Section 4(b)(1) of the Occupational Safety and Health Act of 1970, 
29 U.S. Sec. 653(b)(1), exempts from OSHA coverage working conditions 
over which other federal agencies have exercised statutory authority to 
prescribe or enforce standards for occupational safety or health. The 
1992 interagency Memorandum of Understanding acknowledges DOE's 
extensive regulation of contractor health and safety through safety 
orders which require contractor compliance with all OSHA standards as 
well as additional requirements prescribed by DOE, and concludes with 
an agreement by the agencies that the provisions of the Occupational 
Safety and Health Act shall not apply to GOCO sites for which DOE has 
exercised its authority to regulate occupational safety and health.
    Among the GOCO sites addressed by the Memorandum of Understanding 
is the Savannah River Site (``SRS'') in South Carolina. Recently, DOE 
concluded a permit agreement with Three Rivers Solid Waste Authority 
(``Three Rivers'' or TRA), a nine-county consortium which intends to 
construct and operate a solid waste disposal facility on currently 
unimproved land located within the Savannah River Site. In recognition 
of this action, DOE and OSHA are giving public notice that facilities 
located on the land leased to the TRA, although located within the SRS, 
are not subject to the regulation of occupational safety and health by 
DOE. This addendum to the DOE/OSHA Memorandum of Understanding 
clarifies that all standards, rules and requirements under the 
Occupational Safety and Health Act are applicable to private sector 
employees at workplaces within the 1378 acres of land leased to the TRA 
on the Savannah River Site.
    Because the site is located in South Carolina, a state which 
enforces its own occupational safety and health standards under a 
federally-approved state OSHA plan, the addendum also must address the 
issue of state plan coverage. The South Carolina Department of Labor, 
which operates the OSHA-approved State plan, has determined that under 
State law, any facilities located on the SRS are not covered under the 
State plan, including worksites of State and local government employees 
which would otherwise be covered under the plan. Therefore, the 
addendum to the OSHA/DOE Memorandum of Understanding specifies that 
private sector operations on land leased by DOE to the Three Rivers 
Solid Waste Authority will be covered by federal OSHA rather than under 
the state plan. Federal OSHA coverage will extend to all working 
conditions of private sector employees at worksites on land leased by 
DOE to the Three Rivers Authority. OSHA intends to amend Subpart C of 
29 CFR Part 1952 to reflect this coverage.
    DOE and OSHA have discussed the issue of resources likely to be 
needed to carry out the additional responsibilities to be assumed by 
OSHA, and OSHA has concluded that sufficient inspection resources are 
currently available to assure adequate worker protection upon this 
transfer of regulatory responsibility from DOE.
    Accordingly, the Memorandum of Understanding between the U.S 
Department of Energy and the Occupational Safety and Health 
Administration is amended by adding the following addendum specifying 
federal OSHA worker safety and health coverage over private-sector 
employees working in the area leased to the Three Rivers Solid Waste 
Authority at the Savannah River Site.

    Dated: July 25, 1997.
Gregory R. Watchman,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
    Dated: July 29, 1997.
Tara O'Toole,
Assistant Secretary of Energy for Environment, Safety and Health.
[FR Doc. 97-20774 Filed 8-6-97; 8:45 am]
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