DOE 440.1A Worker Protection for DOE Contractor Employees · Worker Protection for DOE Contractor...

Worker Protection for DOE Contractor EmployeesPolicy:U.S. Department of Energy (DOE)contractor employees shall be providedwith safe and healthful working conditionsin accordance with the standardsprescribed pursuant to the Atomic EnergyAct of 1954, as amended, the EnergyReorganization Act of 1974, and theDepartment of Energy Organization Act of1977; said standards shall be consistentwith those promulgated under theOccupational Safety and Health Act of1970, Public Law 91-596. Please refer toDOE O 440.1A for details.

DOE Contractors:DOE has determined that_______________________________________________________________________________________________________________is subject to DOE Acquisition Regulation(DEAR) Subpart 970.23, and is, therefore,required to comply with applicable DOE-prescribed Occupational Safety and HealthAdministration (OSHA) standards listedtherein. This Order and the standards areavailable for employee review at _______________________________________________________As delineated in DOE O 440.1A,Attachment 2, Contractor RequirementsDocument, the DOE contractor is requiredto:

1. Implement a written worker protectionprogram that provides a place ofemployment free from recognizedhazards that are causing or are likely tocause death or serious physical harm toemployees.

2. Establish written policy, goals, andobjectives for the worker protectionprogram.

3. Use qualified worker protection staff todirect and manage the workerprotection program.

4. Assign worker protection responsibilities,evaluate personnel performance, andhold personnel accountable for workerprotection performance.

5. Encourage employee involvement in thedevelopment of program goals,objectives, and performance measuresand in the identification and control ofhazards in the workplace.

6. Inform workers of their rights andresponsibilities by appropriate means,including posting this poster in theworkplace where it is accessible to allworkers.

7. Identify existing and potential workplacehazards and evaluate the risk ofassociated worker injury or illness.

8. Implement a hazard prevention/abatement process to ensure that allidentified hazards are managedthrough final abatement or control. Forexisting hazards identified in theworkplace, abatement actionsprioritized according to risk to theworker shall be promptly implemented,interim protective measures shall beimplemented pending final abatement,and workers shall be protected

immediately from imminent dangerconditions.

9. Provide workers, supervisors, managers,visitors, and worker protectionprofessionals with worker protectiontraining.

10. Ensure that subcontractors performingwork on DOE-owned or -leasedfacilities comply with these requirementsand the contractor’s own site workerprotection standards (whereapplicable).

Contractors are also required to complywith the Federal regulations and nationalstandards listed in section 12 of Attachment2 to DOE O 440.1A. In addition, DOE O440.1A contains requirements for thefollowing specific functional areas, if thecontractor is involved in these activities:construction safety, fire protection, firearmssafety, explosives safety, industrial hygiene,occupational medical, pressure safety,motor vehicle safety, and suspect andcounterfeit item controls. Please refer toDOE O 440.1A for details.

Employees:DOE contractor employees have the right to:

1. accompany DOE worker protectionpersonnel during workplace inspections;

2. participate in the activities provided forin DOE O 440.1A, Attachment 2, onofficial time;

3. express concerns related to workerprotection;

4. decline to perform an assigned taskbecause of a reasonable belief that,under the circumstances, the task posesan imminent risk of death or seriousbodily harm to that individual, coupledwith a reasonable belief that there isinsufficient time to seek effective redressthrough the normal hazard reportingand abatement procedures established inaccordance with the requirementsherein;

5. have access to DOE worker protectionpublications, DOE-prescribed standards,and the organization’s own workerprotection standards or proceduresapplicable to the workplace;

6. observe monitoring or measuring ofhazardous agents and have access tothe results of exposure monitoring;

7. be notified when monitoring resultsindicate they were overexposed tohazardous materials; and

8. receive results of inspections andaccident investigations upon request.

Inspections:All activities under this contract are subjectto inspection by DOE. When an inspectionunder DOE O 440.1A is conducted, acontractor management representative anda representative authorized by theemployees will be given an opportunity toaccompany the DOE inspector.Where there is no representative authorizedby the employees, the DOE inspector will

consult with a reasonable number ofemployees concerning safety and healthconditions in the workplace.

Concerns:Employees or former employees may file aconcern with the contractor management orwith the local DOE office, as described inDOE 5480.29. Concerns may be submittedeither verbally by calling the local DOEoffice employee concerns hotline, telephone_____________, or in writing. An examplereport form is available adjacent to eachhotline poster, or one may be obtained fromthe Employee Concerns Manager at the

Imminent Danger:DOE contractors are required to implementprocedures to allow workers, through theirsupervisors, to stop work when they discoveremployee exposures to imminent dangerconditions or other serious hazards. Theprocedure shall ensure that any stop workauthority is exercised in a justifiable andresponsible manner..Nondiscrimination:No contractor shall discharge or in anymanner discriminate against any employeeby virtue of the filing of a complaint, or inany other fashion exercising on behalf ofhimself or herself or others any action setforth in DOE O 440.1A or DOE 5480.29.

It is the policy of DOE that employees ofcontractors at DOE facilities should be ableto provide information to DOE, to Congress,or to their contractors concerning violationsof law, danger to health and safety, ormatters involving mismanagement, grosswaste of funds, or abuse of authority, toparticipate in proceedings conducted beforeCongress or pursuant to this part, and torefuse to engage in illegal or dangerousactivities without fear of employer reprisal.Contractor employees who believe they havebeen subject to such reprisal may submittheir complaints to DOE for review andappropriate administrative remedy asprovided in 10 CFR Part 708.

Inquiries:Inquiries should be addressed to thecontractor; however, additional inquiriesmay be addressed to the local DOE office:________________________________________________

(DOE Office)________________________________________________

________________________________________________(P.O. Box or Street Address)

________________________________________________(City, State, and Zip Code)

________________________________________________

Posting Requirements:Copies of this notice must be posted in asufficient number of places in Government-owned plants and facilities operated by DOEcontractors subject to DOE AcquisitionRegulation (DEAR), Subpart 970.23, topermit employees working in or frequentingany portion of the plant to observe a copyon the way to or from their workplace.

Draft DOE F 440.1A(3-98)

U.S. Department of EnergyUN

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STATES OF AMER

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DEPA

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