Notice2026-07570
Addendum to the Memorandum of Understanding With the Department of Energy (August 28, 1992); Transfers of Regulatory Authority at Certain Privatized Facilities and Operations at the Idaho National Laboratory Site, Hanford Site, Nevada National Security Site and Savannah River Site
Primary source
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Published
April 17, 2026
Effective
April 17, 2026
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) and the U.S. Department of Energy (DOE) regarding the transfer of occupational safety and health authority for certain privatized facilities and operations from DOE to the Occupational Safety and Health Administration (OSHA), and state agencies operating under State Plans approved by OSHA.
Full Text
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<title>Federal Register, Volume 91 Issue 74 (Friday, April 17, 2026)</title>
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[Federal Register Volume 91, Number 74 (Friday, April 17, 2026)]
[Notices]
[Pages 20708-20710]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07570]
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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); Transfers of Regulatory Authority at
Certain Privatized Facilities and Operations at the Idaho National
Laboratory Site, Hanford Site, Nevada National Security Site and
Savannah River Site
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) and the U.S. Department of Energy (DOE) regarding the transfer of
occupational safety and health authority for certain privatized
facilities and operations from DOE to the Occupational Safety and
Health Administration (OSHA), and state agencies operating under State
Plans approved by OSHA.
DATES: The effective date of the Addendum to the 1992 Memorandum of
Understanding is April 17, 2026.
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#7e131b17121710191b0c50180c1f101d170d4c3e1a111250191108"><span class="__cf_email__" data-cfemail="f8959d919491969f9d8ad69e8a99969b918bcab89c9794d69f978e">[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#a7c8c1c6d7e7c3c8cb89c0c8d1"><span class="__cf_email__" data-cfemail="dbb4bdbaab9bbfb4b7f5bcb4ad">[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 DOL have entered into two MOUs to address occupational
safety and health authority of both current and former DOE government-
owned or leased, contractor-operated (GOCO) facilities. The first MOU,
entered into on August 28, 1992 (1992 MOU), delineates DOE's regulatory
authority over the occupational safety and health of contractor
employees at DOE GOCO 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. DOE has statutory authority to regulate the occupational safety
and health of private-sector employees at DOE facilities under section
161.i.(3) [42 U.S.C. 2201(i)(3)] of the Atomic Energy Act of 1954, as
amended (Atomic Energy Act), among other statutory authorities, and DOE
exercises that authority, with certain limited exceptions. The 1992 MOU
acknowledges DOE's extensive program for the regulation of contractor
health and safety, which includes requiring contractor compliance with
certain OSHA standards along with additional DOE-prescribed
requirements, and 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.
OSHA and DOE entered into a second MOU on July 25, 2000 (2000 MOU),
to establish interagency procedures addressing regulatory authority for
occupational safety and health for specific facilities and operations
(1) that were formerly controlled by DOE but have been leased to
private business enterprises which are not conducting activities for or
on behalf of DOE, and (2) where there is no likelihood that any
employee exposure to radiation from DOE sources will be 25 millirems
per year (mrem/yr) or more. The 2000 MOU also set forth a process in
which OSHA would publish a Federal Register notice for privatized
facilities or operations for which OSHA assumes regulatory
jurisdiction, and that the Federal Register notice would serve as an
addendum to the 1992 MOU.
II. Notice of Transfer
In a letter dated October 21, 2024, DOE notified OSHA that certain
parcels of DOE-owned land across certain DOE sites may be utilized by
private entities by way of lease or easement (collectively, the
``Project Parcels''). DOE has entered into long-term realty agreements
(i.e., lease or easement agreements) to repurpose this land for
private-sector energy projects that will be owned and operated by
independent entities, not under contract with DOE. DOE will not assert
or exercise statutory authority to prescribe or enforce
[[Page 20709]]
standards or regulations affecting occupational safety or health of
private-sector employers and employees at the Project Parcels.
Consequently, DOE requested that OSHA confirm that OSHA or the
applicable OSHA-approved State Plan will regulate occupational safety
and health at the Project Parcels. Specific information about the
Project Parcels subject to this Notice is provided below:
<bullet> Idaho National Laboratory Site in Idaho Falls, Idaho: The
parcels are represented in township and range format as follows: T6N,
R33E Section 16; T7N, R31E Section 16; T7N, R31E Section 19; and T8N,
R30E Section 36.
<bullet> Hanford Site in Benton County, Washington: The parcels are
located along Route 4 in the southeastern portion of the site. They are
represented in township and range format as follows: T12N, R27E
Portions of Sections 35 and 36; T12N, R28E Portions of Sections 31 and
32; T11N, R27E Sections 1, 12, and Portions of Sections 2, 11, 13, 14,
23, 24, 25, 26, 27, 34, 35, and 36; T11N, R28E Sections 7 and Portions
of Sections 6, 8, 17, 18, 19, 20, and 30; and T10N, R27E Portions of
Sections 1 and 2.
<bullet> Nevada National Security Site in Nye County, Nevada: The
parcels are represented in township and range format as follows: T15S,
R53E Portions of Sections 23, 24, 25, 26, 33, 34, 35, 36; and T16S,
R53E Portions of Sections 3, 4 and 5.
<bullet> Savannah River Site in the sand-hills region of South
Carolina (covering parts of Aiken, Barnwell, and Allendale counties):
The parcels are bounded by coordinates as follows:
[cir] Solar Site C: 33[deg]12'58.51690200'' N,
081[deg]43'16.88899080'' W; 33[deg]12'53.86759920'' N,
081[deg]42'56.38398120'' W; 33[deg]11'45.71913480'' N,
081[deg]43'12.41286240'' W; 33[deg]11'40.28659080'' N,
081[deg]43'19.38762840'' W; 33[deg]11'36.90900600'' N,
081[deg]43'36.48835920'' W; 33[deg]11'51.29566440'' N,
081[deg]43'48.70552440'' W; 33[deg]11'57.48951840'' N,
081[deg]43'49.59699600'' W; 33[deg]12'04.29265440'' N,
081[deg]43'40.09553760'' W; 33[deg]12'22.88837520'' N,
081[deg]43'45.39015480'' W; 33[deg]12'37.43054640'' N,
081[deg]43'54.42812400'' W; 33[deg]12'41.63149080'' N,
081[deg]43'51.37684320'' W; 33[deg]12'45.99395280'' N,
081[deg]43'55.31647080'' W; 33[deg]12'59.14741320'' N,
081[deg]43'57.54936000'' W.
[cir] Solar Site G: 33[deg]11'55.41507690'' N,
081[deg]42'33.74421887'' W; 33[deg]12'24.86308367'' N,
081[deg]41'59.18421217'' W; 33[deg]11'14.30306947'' N,
081[deg]40'30.12018007'' W; 33[deg]10'34.99106128'' N,
081[deg]40'41.24418253'' W; and 33[deg]10'34.99106006'' N,
081[deg]41'21.70819307'' W.
For each Project Parcel listed, DOE does not expect the residual
radiological dose to workers to be 25 millirems per year (mrem/yr) or
more above background. Further, radiological activities at each
relevant DOE site and under the control of DOE pursuant to the Atomic
Energy Act will continue to be conducted in accordance with the
applicable public dose limits in DOE Order 458.1, Radiation Protection
of the Public and the Environment.
OSHA shall regulate the occupational safety and health of private-
sector employers and employees at the Project Parcels at the Idaho
site. The other three identified Project Parcel sites (the sites in
Washington, Nevada, and South Carolina) are located in states with
OSHA-approved State Plans that regulate occupational safety and health
for private-sector and state and local government employers and
employees in those states. OSHA provided notification regarding the
expected transfer of occupational safety and health coverage for these
Project Parcels to the impacted State Plans (the Washington Division of
Occupational Safety and Health (DOSH), the Nevada Occupational Safety
and Health Administration (Nevada OSHA), and the South Carolina
Occupational Safety and Health Administration (SC OSHA)). OSHA received
written confirmation from the three affected State Plans that they are
assuming coverage over occupational safety and health for private-
sector and state and local government-sector employers and employees
performing work at the Project Parcels within their states for the
duration of the applicable DOE long-term realty agreement(s),
consistent with their existing coverage over private-sector and state
and local government-sector employers and employees. In an email dated
May 29, 2025, OSHA provided this confirmation from the affected OSHA-
approved State Plans to DOE and also provided confirmation that OSHA is
assuming coverage over occupational safety and health for private-
sector employers and employees performing work at the Project Parcels
at the Idaho site for the duration of the applicable DOE long-term
realty agreement(s).
Therefore, in accordance with the 2000 MOU, this Federal Register
publication provides notice that OSHA has assumed and maintains
occupational safety and health regulatory authority over private-sector
employers and employees performing work at the Project Parcels at the
Idaho National Laboratory site in Idaho Falls, Idaho for the duration
of the applicable DOE long-term realty agreement(s). It also provides
notice that the aforementioned affected State Plans have assumed and
maintain occupational safety and health regulatory authority over
private-sector and state and local government-sector employers and
employees performing work at the other identified Project Parcels
within their states for the duration of the applicable DOE long-term
realty agreement(s), as follows:
<bullet> DOSH confirmed such authority over Project Parcels at the
Hanford Site in Benton County, Washington;
<bullet> Nevada OSHA confirmed such authority over Project Parcels
at the Nevada National Security Site in Nye County, Nevada; and
<bullet> SC OSHA confirmed such authority over Project Parcels at
the Savannah River Site in the sand-hills region of South Carolina.
In addition, OSHA notes that its website for the Washington State
Plan, DOSH, currently states that ``certain contractors within the
boundaries of the Hanford Reservation and the Hanford National
Monument'' are not covered by DOSH. That coverage exception arises from
a Federal Register notice published on June 29, 2006 (71 FR 36988),
which provided clarification as to the jurisdiction and enforcement
responsibilities of OSHA and several State Plans at various DOE sites
not subject to DOE jurisdiction under the Atomic Energy Act. With
respect to the Washington State Plan specifically, that document
provided notice that DOSH intended to exercise jurisdiction over
private contractors performing work at the Bonneville Power
Administration ``except in controlled areas of the Hanford
Reservation,'' i.e., except in the areas of the Hanford Reservation
subject to DOE's jurisdiction. Thus, to avoid any potential confusion
about DOSH's coverage of employers operating within the boundaries of
the Hanford Reservation, OSHA is making a minor clarification on its
website for the Washington State Plan to specify that this coverage
exclusion is limited to ``contractors for which DOE has authority to
regulate health and safety, and with respect to which DOE is exercising
that authority''.
[[Page 20710]]
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 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
27878).
Signed at Washington, DC, on April 14, 2026.
David Keeling,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2026-07570 Filed 4-16-26; 8:45 am]
BILLING CODE 4510-26-P
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</html>Indexed from Federal Register on April 17, 2026.
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