Information Notice No. 88-100:Memorandum of Understanding Between NRC and OSHA Relating to NRC-Licensed Facilities (53 FR 43950, October 31, 1988)

                                  UNITED STATES
                          NUCLEAR REGULATORY COMMISSION
                OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
                            WASHINGTON, D. C.  20555

                                December 23, 1988


Information Notice No. 88-100:  MEMORANDUM OF UNDERSTANDING BETWEEN NRC 
                                    AND OSHA RELATING TO NRC-LICENSED 
                                    FACILITIES (53 FR 43950, OCTOBER 31, 1988)

Addressees: 

All major nuclear materials licensees and utilities holding construction 
permits and operating licenses. 

Purpose: 

This notice is intended to inform all licensees of a new Memorandum of 
Understanding (MOU) between NRC and the U.S. Occupational Safety and Health 
Administration (OSHA) that provides guidelines for coordination of interface 
activities between the two Agencies.  It is expected that licensees will 
review this information, and distribute the notice to responsible radiation 
safety and industrial hygiene staffs.  However, suggestions contained in this 
information notice do not constitute new NRC requirements, and no written 
response is required. 

Discussion: 

Both NRC and OSHA have jurisdiction over occupational safety and health at 
NRC-licensed facilities.  Because it is not always practical to sharply 
identify boundaries between the nuclear and radiological safety that NRC 
regulates and industrial safety that OSHA regulates, a coordinated interagency 
effort can ensure against gaps in the protection of workers, and at the same 
time, avoid duplication of effort.  The new MOU replaces an existing procedure 
which outlined the NRC's and OSHA's interagency activities. 

Although NRC does not specifically examine industrial safety during inspec-
tions of radiological and nuclear safety, NRC personnel may identify safety 
concerns within the area of OSHA responsibility, or may receive complaints 
from an employee about OSHA-covered working conditions.  In such instances, 
NRC will bring the matter to the attention of licensee management or monitor 
corrective action when appropriate.  If significant safety concerns are 
identified, or if the licensee demonstrates a pattern of unresponsiveness to 
identified concerns, the NRC regional office will inform the appropriate OSHA 
regional office.  Also, when known, NRC inspectors will encourage licensees to 
report to OSHA accidents resulting in a fatality or multiple hospitalizations.
It is not the intent of the Commission that NRC inspectors perform the role of 
OSHA inspectors; however, they are to elevate OSHA safety issues to the 
attention of OSHA Regional management when appropriate.  



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                                                            December 23, 1988 
                                                            Page 2 of 2


Similarly, OSHA Regional Offices will inform the appropriate NRC Regional 
Office of matters which are in the purview of NRC, when these matters come to 
their attention during Federal or State safety and health inspections or 
through complaints. 

The Memorandum of Understanding between NRC and OSHA is enclosed for your 
information. 

No written response is required by this notice.  If you have any questions 
about this information notice, please contact the appropriate NRC regional 
office or this office. 




                                        Richard E. Cunningham, Director 
                                        Division of Industrial and 
                                          Medical Nuclear Safety 
                                        Office of Nuclear Material 
                                          Safety and Safeguards 


Technical Contacts:  Glen L. Sjoblom, NMSS 
                     (301) 492-3430 

                     Frederick J. Hebdon, NRR 
                     (301) 492-1243 

Attachments: 1.  Memorandum of Understanding from the Federal 
                 Register Dated October 31, 1988

             2.  List of Recently Issued NRC Information Notices 

.                                                            Attachment 2 
                                                            IN 88-100 
                                                            December 23, 1988 
                                                            Page 1 of 1

                             LIST OF RECENTLY ISSUED
                             NRC INFORMATION NOTICES

_____________________________________________________________________________
Information                                  Date of 
Notice No._____Subject_______________________Issuance_______Issued to________

88-99          Detection and Monitoring      12/20/88       All holders of OLs
               of Sudden and/or Rapidly                     or CPs for PWRs. 
               Increasing Primary-to-
               Secondary Leakage 

88-98          Electrical Relay Degradation  12/19/88       All holders of OLs
               Caused by Oxidation of                       or CPs for nuclear
               Contact Surfaces                             power reactors. 

88-97          Potentially Substandard       12/16/88       All holders of OLs
               Valve Replacement Parts                      or CPs for nuclear
                                                            power reactors. 

88-96          Electrical Shock Fatalities   12/14/88       All holders of OLs
               at Nuclear Power Plants                      or CPs for nuclear
                                                            power reactors. 

88-95          Inadequate Procurement        12/8/88        All holders of OLs
               Requirements Imposed by                      or CPs for nuclear
               Licensees on Vendors                         power reactors. 

88-94          Potentially Undersized        12/2/88        All holders of OLs
               Valve Actuators                              or CPs for nuclear
                                                            power reactors. 

88-93          Teletherapy Events            12/2/88        All NRC medical 
                                                            licensees. 

88-92          Potential for Spent Fuel      11/22/88       All holders of OLs
               Pool Draindown                               or CPs for nuclear
                                                            power reactors. 

88-91          Improper Administration       11/22/88       All holders of OLs
               and Control of                               or CPs for nuclear
               Psychological Tests                          power reactors and
                                                            all fuel cycle 
                                                            facility licensees 
                                                            who possess, use, 
                                                            import, export, or 
                                                            transport formula 
                                                            quantities of 
                                                            strategic special 
                                                            nuclear material. 
_____________________________________________________________________________
OL = Operating License
CP = Construction Permit