Issue Date: 09/25/01
NRC Inspection Manual NMSS/FCSS
This manual chapter implements the two Memoranda of Understanding (MOUs), dated October 21, 1988, and July 26, 1996, between the U.S. Nuclear Regulatory Commission (NRC) and the Occupational Safety and Health Administration (OSHA).
| 02.01 | To ensure that information concerning events, unsafe conditions, and other matters dealing with occupational safety and health are referred to facility management and to the proper agency. |
| 02.02 | To provide policy and interface guidelines for the exchange of information at NRC Program and Regional Office levels of NRC and OSHA. |
| 02.03 | To provide for inspector involvement, during inspections of fuel and materials facilities and operating/non-operating reactors, in the identification and disposition of safety concerns in the area of OSHA responsibility. |
There are four categories of hazards that may be associated with NRC-regulated nuclear facilities:
Generally, NRC has jurisdiction over the first three categories listed above and OSHA has jurisdiction over the fourth hazard. Although OSHA has authority and responsibilities regarding the last listed category, NRC will report any such conditions it learns about to proper authorities so appropriate action(s) can be initiated. Likewise, OSHA will inform the appropriate NRC Regional Office of matters under NRC cognizance when they come to the attention of OSHA through complaints or its inspections. This will help eliminate gaps in worker protection in the area of safety and health, and help eliminate duplication of efforts.
| 04.01 | The Deputy Executive Director for Regulatory Programs. Coordinates the development and resolution of policy issues concerning Agency jurisdiction and operational relations with the OSHA Director of Policy for NRC reactor, fuel cycle, materials licensees, and certificate holders. | |
| 04.02 | Director, Office of Enforcement. Coordinates the development and resolution of issues concerning enforcement activities involving both NRC and OSHA jurisdiction, at NRC-regulated facilities, with the OSHA Directorate of Compliance Programs. | |
| 04.03 | NRC Regional Administrators | |
| a. | Designate at least one staff member to serve as an NRC Regional Office OSHA Liaison Officer. | |
| b. | Inform the Director, Office of Enforcement, and Director, Nuclear Reactor Regulation (NRR), or Director, Nuclear Material Safety and Safeguards (NMSS), as appropriate, of any issues that raise questions concerning inspection or enforcement activities involving both NRC and OSHA jurisdiction at NRC-regulated facilities. | |
| c. | Use the information provided by OSHA inspectors, as appropriate; this may include evaluation and analysis of the information and onsite follow-up. | |
| 04.04 | NRC Regional Office OSHA Liaison Officer | |
| a. | Serves as the principal point of contact between the NRC Regional Office and the appropriate OSHA Regional Office. | |
| b. | Provides advice and guidance to resident inspectors and to NRC Regional Office staff on potential non-radiological hazards observed during an inspection. | |
| c. | Determines whether events and conditions having industrial safety significance, at NRC-regulated facilities, are to be reported to the OSHA Regional Office. | |
| d. | Ensures that events or conditions, having industrial or chemical safety significance at NRC-regulated material or fuel cycle facilities, which are reported to OSHA by NRC and/or licensee, are also reported to the NMSS OSHA Liaison Officer. | |
| e. | Ensures records are maintained of the interface activities with OSHA Regional Offices. | |
| 04.05 | NMSS OSHA Liaison Officer | |
| a. | Serves as the principal point of contact between NMSS and the appropriate NRC Regional Office for chemical safety issues identified at fuel cycle licensees. | |
| b. | Provides advice and guidance to resident inspectors, NRC Regional Office Staff, and NMSS staff on potential chemical safety hazards observed during an inspection. | |
| c. | Determines whether events and conditions having chemical safety significance, at fuel cycle licensees, are to be reported to OSHA Regional Office through the NRC Regional OSHA Liaison Officer. | |
| d. | Ensures that events or conditions, having chemical safety significance at NRC-regulated fuel cycle facilities, which are reported to OSHA by NRC and/or licensee, are also reported to the appropriate NRC Regional Office OSHA Liaison Officer. | |
| 04.06 | Inspectors | |
| a. | Region-based and NRR Headquarters (HQ) Inspectors. Notify licensee management and, as appropriate, the NRC Regional Office OSHA Liaison Officer of non-radiological hazards brought to their attention by licensee employees, or personally observed during an inspection. | |
| b. | NMSS HQ-based Inspectors. Notify licensee management and, as appropriate, NMSS OSHA Liaison Officer, of non-radiological hazards brought to their attention by licensee employees, or personally observed during an inspection. | |
| c. | Both Region and HQ-based Inspectors. Monitor licensees' corrective actions, at the next scheduled inspection, regarding non-radiological hazards NRC has brought to the attention of licensee management. | |
| 05.01 | Coordination of interface activities is to be handled at the Regional Office level, or Program Office level for fuel cycle facilities, of NRC and OSHA. |
| 05.02 | When non-radiological safety concerns are observed during an inspection, the inspector is to orally inform licensee management of such concerns and document the observation on the attached data sheet. (See Appendix A.) |
| 05.03 | If a licensee employee provides information to an inspector regarding non-radiological safety hazards, the inspector shall inform licensee management of the employee's concern, withholding the employee's identity from licensee management, and shall document the information on the data sheet in Appendix A. |
| 05.04 | Inspectors shall monitor, as appropriate, a licensee's corrective action regarding those matters described in 05.02 and 05.03 above. If significant safety concerns are identified or if the licensee demonstrates a pattern of unresponsiveness to identified concerns, this matter should be discussed with licensee management, and relevant information should be provided to their respective OSHA Liaison Officer. The NRC Regional Office OSHA Liaison Officer will inform the appropriate OSHA Regional Office. For nuclear power plants, the Resident Inspector normally follows the licensee's corrective action. For all licensees, it is intended that NRC Region-based inspectors need not make a special follow-up inspection solely on the basis of an OSHA issue, unless it affects radiological health and safety. |
| 05.05 | When OSHA informs the NRC Regional Office OSHA Liaison Officer of matters that are in NRC's purview, the NRC Regional Office OSHA Liaison Officer shall notify the appropriate Division Director (Division of Reactor Projects or Division of Nuclear Materials Safety) who shall arrange for prompt evaluation of the matter, such as Regional or Resident Inspectors performing onsite follow-up, as appropriate, to verify the information or the licensee's corrective action. The inspectors should report significant findings in an inspection report. If it is a materials or fuel cycle facility related issue, then the NRC Regional Office OSHA Liaison Officer shall also notify the NMSS OSHA Liaison Officer. |
| 05.06 | To enhance the ability of NRC and OSHA personnel to identify safety matters under each other's purview, OSHA will provide NRC Regional personnel with basic chemical and industrial safety training, while NRC will provide training in basic radiation safety to OSHA personnel. For details of the mutual training arrangement, contact the Technical Training Center. |
OSHA may provide the NRC Regional Office with information about a nuclear power plant or site where increased licensee management attention to worker safety is needed. Such information is normally based on reports of injury or complaints at the particular location. The NRC Regional or Resident Inspector will inform licensee management of the information and will monitor the licensee's corrective actions, as provided in 05.04 above.
| 07.01 | A copy of the NRC - OSHA MOU dated October 21, 1988, is attached as Appendix B. A copy of the NRC - OSHA MOU regarding gaseous diffusion plants dated July 26, 1996, is attached as Appendix C. |
| 07.02 | Except for certain NRC-regulated fuel and materials facilities described in 1007-07 and delineated in Inspection Manual Chapter (IMC) -2600 and IMC-2800, no changes are required in inspection practices. Although NRC does not conduct inspections of industrial safety in the course of inspections 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. |
| 07.03 | It is important that all NRC personnel recognize and understand that they are not to make enforcement decisions regarding activities under the purview of OSHA. Thus, in discussing non-radiological safety concerns with the licensee, inspectors are cautioned not to judge whether a given condition is a violation of OSHA rules or regulations, but are to point out concerns of apparent unsafe conditions, to heighten licensee awareness. |
| 07.04 | For accidents involving a fatality or multiple hospitalizations, the MOUs do not require NRC to report such matters to OSHA. But in keeping with established practices, if the licensee refuses to report these events to OSHA, the NRC Regional Office OSHA Liaison Officer will inform the OSHA Regional Office. |
| 07.05 | Communication with OSHA Regional Offices should be done orally, unless OSHA requests a written notification in a particular case. |
| 07.06 | To minimize the record-keeping and tracking burden, the requirement described in 1007-05.04, regarding monitoring of a licensee's corrective action, shall be performed at the time of normal review or routine inspections. |
| 07.07 | Time spent on meeting the requirements of this instruction should be charged to IP 93001, "OSHA Interface Activities." |
| 08.01 | The NRC inspector is to inform licensee management orally of: | |
| a. | Identified safety concerns. | |
| b. | Employee complaints of OSHA-covered working conditions. | |
| c. | Reporting requirements, to OSHA, of accidents resulting in fatalities or multiple hospitalizations, if the licensee has not already done so. | |
| 08.02 | The NRC inspector is to generate a written Non-Radiological Hazards Data Sheet for the inspection file, and to generate a copy of it to the respective NRC Office OSHA Liaison Officer, for the following occurrences: | |
| a. | For all occurrences of 08.01 a., b., or c. above. | |
| b. | For significant recurring unsafe conditions, or patterns of unresponsiveness to previously identified concerns. | |
| 08.03 | The NMSS OSHA Liaison Officer shall forward all Non-Radiological Hazards Data Sheets to the NRC Regional Office OSHA Liaison Officer. This person shall contact the OSHA Regional Office orally or in writing regarding all items that are identified by inspectors and that have generated a Non-Radiological Hazards Data Sheet. | |
| 08.04 | The NRC Regional Office OSHA Liaison Officer shall generate the following correspondence: | |
| a. | Written notification to the OSHA Regional Office if one is requested after initial oral notification. | |
| b. | Copies of all written correspondence associated with OSHA-related issues, except the referral of allegations or other allegation documentation, should be sent to the Chief, Operator Licensing, Human Performance & Plant Support Branch, NRR; to the Chief, Inspection Program Branch, NRR; to the Chief, Operations Branch, Industrial and Medical Nuclear Safety and/or Fuel Cycle Safety and Safeguards, NMSS; as appropriate; and to the NMSS OSHA Liaison Officer. | |
| 08.05 | Allegations that fall within the purview of OSHA are to be handled in accordance with this section, and, in accordance with Management Directive 8.8, are not to be entered in the Allegation Management System. | |
END
Appendices:
| Appendix A | "Non-Radiological Hazards Data Sheet" |
| Appendix B | "Appendix B, "Memorandum of Understanding Between The U.S. Nuclear Regulatory Commission and The Occupational Safety and Health Administration," October 21, 1988 |
| Appendix C | "Memorandum of Understanding Between The U.S. Nuclear Regulatory Commission and The Occupational Safety and Health Administration with Respect to the Gaseous Diffusion Plants," July 26, 1996 |
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