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SAFETY / OSHA / WORKERS' COMPENSATION — 7/21/06

OSHA clarifies jurisdiction for DOE sites in 14 states

OSHA issued a notice that provides further clarification as to the jurisdiction and enforcement responsibilities of the agency and 14 of its approved State Plans at various Department of Energy (DOE) sites which are not subject to the Atomic Energy Act (AEA), effective June 29, 2006.

The Atomic Energy Act provides statutory authority to DOE to regulate occupational safety and health matters relating to private sector employees at facilities subject to the AEA. OSHA may not enforce standards for occupational safety or health in those facilities.

However, DOE sites not covered by the AEA are subject to OSHA's jurisdiction—these sites are primarily involved in fossil fuel energy research and power marketing administration. OSHA has jurisdiction over the working conditions of private sector employers and employees at such facilities. A number of the non-AEA facilities are located in states which operate OSHA-approved state plans, and which have primary authority for private sector occupational safety and health coverage in their states. It has now been determined that affected states will assume occupational safety and health regulatory responsibility for all except five of the non-AEA sites in their states.

For additional information on this and related topics, consult CCH Employment Safety & Health Guide .

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