Notice2025-23554
Addendum to the Memorandum of Understanding With the Department of Energy (August 28, 1992); Oak Ridge, Tennessee Properties
Primary source
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Published
December 22, 2025
Effective
December 22, 2025
Issuing agencies
Labor DepartmentOccupational Safety and Health Administration
Abstract
This is a notice of an addendum to the 1992 interagency Memorandum of Understanding (MOU) between the U.S. Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) and the U.S. Department of Energy (DOE). The 1992 and 2000 MOUs between the agencies establish specific interagency procedures for the transfer of occupational safety and health coverage for privatized facilities and operations from DOE to OSHA and State agencies operating under State Plans approved by OSHA.
Full Text
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<title>Federal Register, Volume 90 Issue 243 (Monday, December 22, 2025)</title>
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[Federal Register Volume 90, Number 243 (Monday, December 22, 2025)]
[Notices]
[Pages 59876-59877]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23554]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Addendum to the Memorandum of Understanding With the Department
of Energy (August 28, 1992); Oak Ridge, Tennessee Properties
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: This is a notice of an addendum to the 1992 interagency
Memorandum of Understanding (MOU) between the U.S. Department of Labor
(DOL), Occupational Safety and Health Administration (OSHA) and the
U.S. Department of Energy (DOE). The 1992 and 2000 MOUs between the
agencies establish specific interagency procedures for the transfer of
occupational safety and health coverage for privatized facilities and
operations from DOE to OSHA and State agencies operating under State
Plans approved by OSHA.
DATES: The effective date of the Addendum to the Memorandum of
Understanding is December 22, 2025.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications; telephone: (202) 693-1999; email:
<a href="/cdn-cgi/l/email-protection#8ee3ebe7e2e7e0e9ebfca0e8fcefe0ede7fdbcceeae1e2a0e9e1f8"><span class="__cf_email__" data-cfemail="fd9098949194939a988fd39b8f9c939e948ecfbd999291d39a928b">[email protected]</span></a>.
General information: Ms. Lana Morrison, Director, OSHA Office of
Federal Agency Programs; telephone: (202) 693-2100; email:
<a href="/cdn-cgi/l/email-protection#751a13140535111a195b121a03"><span class="__cf_email__" data-cfemail="b1ded7d0c1f1d5dedd9fd6dec7">[email protected]</span></a>.
Copies of this Federal Register document: Electronic copies of this
Federal Register document are available at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
This document, along with news releases and other relevant information,
are also available on the OSHA web page at <a href="http://www.osha.gov">http://www.osha.gov</a>.
SUPPLEMENTARY INFORMATION:
I. Background
DOE and OSHA have entered into two MOUs to address both current and
former DOE government-owned or leased, contractor-operated (GOCO)
facilities. The first MOU, entered into on August 10, 1992, delineates
regulatory authority over the occupational safety and health of
contractor employees at DOE GOCO facilities by recognizing that DOE
exercises statutory authority under section 161(f) of the Atomic Energy
Act of 1954, as amended (42 U.S.C. 2201(f)), relating to the
occupational safety and health of private-sector employees at these
facilities.
Section 4(b)(1) of the Occupational Safety and Health Act of 1970
(OSH Act) (29 U.S.C. 653(b)(1)) exempts from OSHA authority working
conditions with respect to which other federal agencies have exercised
statutory authority to prescribe or enforce standards or regulations
affecting occupational safety and health. The 1992 MOU acknowledges
DOE's extensive program for the regulation of contractor health and
safety, which requires contractor compliance with all OSHA standards
along with additional DOE-prescribed requirements. The MOU sets forth
an agreement that the provisions of the OSH Act do not apply to GOCO
sites for which DOE has exercised authority to regulate occupational
safety and health under the Atomic Energy Act.
As a result of DOE's policy emphasis on privatization activities,
OSHA and DOE entered into a second MOU on July 25, 2000, to establish
interagency procedures addressing regulatory authority for occupational
safety and health at specified privatized facilities and operations on
sites formerly controlled by DOE. The July 25, 2000, MOU covers
facilities and operations on lands no longer controlled by DOE, which
are not conducting activities for, or on behalf of, DOE; and where
there is no likelihood that any employee exposure to radiation from DOE
sources would be 25 millirems per year (mrem/yr) or more.
II. Notice of Transfer
Consistent with the 2000 MOU, between March 5, 2024 and May 20
2025, DOE provided four separate notices of a transfer in ownership of
four parcels of land at the East Tennessee Technology Park (ETTP) in
Oak Ridge, Tennessee to a private sector entity, for the purpose of
confirming occupational safety and health regulatory authority by OSHA
or, as appropriate Tennessee OSHA (TOSHA), over employees at that
location. Other transfers of facilities and properties at the ETTP to
TOSHA authority under this MOU were announced by Federal Register
notices 74 FR 120 (January 2, 2009); 74 FR 39977 (August 10, 2009); 76
FR 80408 (December 23, 2011); 79 FR 29456 (May 22, 2014); 83 FR 45978
(September 11, 2018); and 85 FR 41627 (July 10, 2020).
The parcels of land at the ETTP in Oak Ridge, Tennessee are: (1)
the former Powerhouse Area Tract [ID 11954], (2) the former K-1037 (ED-
21) [ID 12892], (3) the K-732 Switchyard area (ED-20D) [ID 12797], and
(4) the former K-27 and K-29 (ED-22) [ID 13136]. The former Powerhouse
Area tract and the former K-1037 (ED-21) tract were transferred to the
Heritage Center, LLC, a subsidiary of the Community Reuse Organization
of East Tennessee. The former K-732 Switchyard area (ED-20D) tract was
transferred to the City of Oak Ridge, Tennessee, and the former K-27
and K-29 (ED-22) parcel was transferred to the Industrial Development
Board of the City of Oak Ridge. The parcels of land contain a total of
approximately 710.81 acres.
OSHA's Regional Office in Birmingham, Alabama, working with the
OSHA Nashville Area Office and TOSHA, provided notification regarding
the transfers of occupational safety and health coverage for these
sites to TOSHA. TOSHA confirmed that it has authority over the
occupational safety and health of private sector and State and local
government sector employers and employees performing work at each of
the four transferred parcels of land at the ETTP in Oak Ridge,
Tennessee. In a letter from OSHA to DOE dated September 8, 2025, OSHA
stated that TOSHA is satisfied with DOE's assurances with respect to
all four land parcels that (1) there is no likelihood that any employee
at facilities in the vicinity of the land parcels will be exposed to
radiation levels that will equal or exceed 25 mrem/yr, and (2) transfer
of authority to TOSHA is free from regulatory gaps and does not
diminish the safety and health protection of the employees.
Accordingly, this Federal Register publication provides notice that
TOSHA assumes and maintains occupational safety and health regulatory
authority
[[Page 59877]]
over private sector and State and local government sector employers and
employees performing work at the abovementioned land tracts at the
ETTP.
Authority and Signature
David Keeling, Assistant Secretary of Labor for Occupational Safety
and Health, authorized the preparation of this notice. This Federal
Register notice provides public notice and serves as an addendum to the
1992 OSHA/DOE MOU. Accordingly, the agency is issuing this notice
pursuant to section 8(g)(2) and section 18 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 657(g)(2) and 29 U.S.C. 667), 29 CFR
parts 102, 1953, and 1955, and Secretary of Labor's Order No. 07-2025
(90 FR 2787).
Signed at Washington, DC, on December 12, 2025.
David Keeling,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2025-23554 Filed 12-19-25; 8:45 am]
BILLING CODE 4510-26-P
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</html>Indexed from Federal Register on December 22, 2025.
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