WASHINGTON, D.C. -- A new notice regarding proposed rulemaking (NPRM) outlines changes that would remove several sections and requirements from the Department of Energy’s regulations for worker safety and health.
The regulations, described in 10 Code of Federal Regulations 851, govern contractor activities at DOE sites and include requirements intended to reduce or prevent occupational injuries and illnesses among DOE contractors and their workers. The proposed revisions are in response to a May 2025 executive order by President Trump that calls for the United States to “bring advanced nuclear technologies into domestic production as soon as possible,” according to the Federal Register notice about the NPRM.
DOE is proposing to add a new section to 10 CFR 851 for contractors operating under the responsibility of its Office of Nuclear Energy that are involved in the construction and operation of nuclear facilities. The newly proposed section would remove what the NPRM describes as “overly-prescriptive, individualized approval requirements … concerning worker safety and health programs.” The new section would also remove requirements to meet specific editions of consensus standards, including the 2015 edition of ANSI/ASSE Z88.2, American National Standard Practices for Respiratory Protection, and sections 4.3 and E4.3 of the 2012 edition of ANSI Z49.1, Safety in Welding, Cutting and Allied Processes. The Federal Register notice describes these standards as “overly conservative” and states that they “impose unnecessary administrative and operational burdens to contractors.” Additionally, contractors would no longer be required to “have a structured approach to their worker safety and health program” in areas including construction safety and industrial hygiene.
Under the proposed changes, appendix A to 10 CFR 851, which currently establishes mandatory requirements regarding worker safety and health “functional areas,” would become nonbinding guidance for contractors operating under Office of Nuclear Energy responsibility. According to DOE, the appendix has caused confusion for contractors because it requires them “to develop sections of a worker safety and health program that are not applicable to their scope of their work.” Appendix A would remain mandatory for other contractors.
DOE is accepting comments, data, and information regarding these proposed changes until Feb. 20. For further details, refer to the Federal Register. |