Comment on FR Doc # E9-24929

Supersedes comment #80A6AA46. Savannah River Remediation, LLC (“SRR”), a contractor for DOE requests DOE to consider the following regarding a Petition to establish a SCWE regulation 1) Existing DOE Safety Requirements Provide Significant Protection: DOE has established a program to enhance the safety of the workplace, and has adopted the essentials of the SCWE program in its Worker Safety and Health rules, 10 CFR 851, DOE G-440.1B and DOE G 440.1-8 Implementing Guide, by setting requirements for training, identification of hazards, policy statement on rights, including rights against reprisal, mechanism for addressing safety issues, an employee concerns program, and process for investigation and enforcement. These requirements are in addition to requirements set forth in 10 CFR 820 & 830 and DOE Order 420.1B and in contract. SRR has also implemented its own safety improvement programs. 2) No provision for reconciliation: With no proposed provision for reconciliation between the existing structure and the new proposed provisions, confusion could result in implementation and application of redundant, yet conflicting, provisions. Creation of this confusion could be harmful to safety in the DOE complex. 3) DOE’s existing safety structure has been successful in improving the safety of the work environment. A key component of that success has been DOE’s institutionalization and standardization of the workers’ bill of rights. An important part of the program is every worker’s right to “stop work.” This provides an additional incentive to DOE contractors to ensure that raising of safety issues by employees is properly dealt with by contractors without reprisals. 4) Petition Request for DOE Exceeds NRC policy. The NRC itself considered and rejected the idea of institutionalizing SCWE and imposing its principles on Licensees and their contractors though formal rule making. Similarly, DOE should consider this decision by NRC when examining the Petition submitted.