Comment on FR Doc # E9-24929

Savannah River Remediation (SRR – the Liquid Waste contractor at the Savannah River Site), has reviewed the proposed rulemaking on 10CFR851 relative to the establishment of a Safety Conscious Work Environment (SCWE) regulation for DOE nuclear facilities. The SRR position is that the petition from the Hanford Challenge NOT be granted. Rationale for that position is provided below. Policies and procedures requiring a SCWE already exist. For example, there are two established departmental policies in the CFR mandating safety and health requirements - 10CFR851 and 10CFR708. The 10CFR708 establishes procedures for processing complaints by employees of DOE contractors alleging retaliation by their employers for disclosure of information concerning danger to public or worker health or safety, substantial violations of law, or gross mismanagement; for participation in Congressional proceedings; or for refusal to participate in dangerous activities. In addition, 10CFR851 specifically stipulates management responsibilities for establishing “procedures for workers to report without reprisal [emphasis added] job-related fatalities, injuries, illnesses, incidents, and hazards and make recommendations about appropriate ways to control those hazards”. The aforementioned departmental policies are established and implemented across the DOE complex and particularly at the Savannah River Site through various implementing policies and procedures. As such, DOE Contractors have already established policies, programs, and procedures that implement a SCWE. Specifically at the Savannah River Site, procedures are in place encouraging time-outs and formal stop work for worker safety concerns (Employee Safety Manual, Procedure 1) and Employee Concerns program procedures (Management Policy 1.11). Elements of those processes are addressed in a multiplicity of employee communications and training opportunities on an annual basis. Worker Safety and Health Policies, including open reporting and protection for open reporting, are posted throughout the facilities in conspicuous locations as currently required by 10CFR851. Additionally, at the Savannah River Site, an SRS Workplace Safety and Health Policy signed by DOE and senior leadership of all prime contractors at the SRS reads in part: • “Any worker who reasonably believes his or her personal safety or the security posture of SRS has been jeopardized has a right to raise issues and refuse unsafe work without reprisal, harassment, or retaliation….Therefore, employers must ensure that employees understand and are permitted to exercise the following rights and responsibilities: o …Right to freely express concerns relative to safety, health, and security issues without fear of reprisal, o …Right to talk about safety and health issues with inspectors, attorneys, physicians or the media without retaliation…” Oversight of implementation of a SCWE is conducted by DOE-HQ and field level review teams (Voluntary Protection Program, HSE, OA, etc.). Lines of inquiry include line items in contractor assessments to ascertain the strength of a contractor’s efforts in this important area. The Hanford Challenge petition cites an attribute of an SCWE as “a management attitude that promotes employee involvement and confidence in raising and resolving concerns…” Many sites within the DOE complex have applied for and received recognition as VPP Star sites and as such have undergone external scrutiny during the application process with emphasis on degree of employee involvement, including one-on-one interviews with contractor personnel. The DOE’s nuclear facilities have effective established policies and adopting the NRC’s SCWE would change the nomenclature, but doesn’t necessarily create the desired culture. For these aforementioned reasons SRR’s position is that the petition from the Hanford Challenge is not granted.