The Secretary shall promulgate regulations for industrial and construction health and safety at Department of Energy facilities that are operated by contractors covered by agreements of indemnification under section
2210(d) of this title, after public notice and opportunity for comment under section
553 of title
5 (commonly known as the “Administrative Procedure Act”). Such regulations shall, subject to paragraph (3), provide a level of protection for workers at such facilities that is substantially equivalent to the level of protection currently provided to such workers at such facilities.
The regulations promulgated under paragraph (1) shall not apply to any facility that is a component of, or any activity conducted under, the Naval Nuclear Propulsion Program provided for under Executive Order No. 12344, dated February 1, 1982 (as in force pursuant to section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98–525)).
In promulgating the regulations under paragraph (1), the Secretary shall include flexibility—
(A)to tailor implementation of such regulations to reflect activities and hazards associated with a particular work environment;
(B)to take into account special circumstances at a facility that is, or is expected to be, permanently closed and that is expected to be demolished, or title to which is expected to be transferred to another entity for reuse; and
(C)to achieve national security missions of the Department of Energy in an efficient and timely manner.
(4) No effect on health and safety enforcement
This subsection does not diminish or otherwise affect the enforcement or the application of any other law, regulation, order, or contractual obligation relating to worker health and safety.
(b) Civil penalties
(1) In general
A person (or any subcontractor or supplier of the person) who has entered into an agreement of indemnification under section
2210(d) of this title (or any subcontractor or supplier of the person) that violates (or is the employer of a person that violates) any regulation promulgated under subsection (a) of this section shall be subject to a civil penalty of not more than $70,000 for each such violation.
(2) Continuing violations
If any violation under this subsection is a continuing violation, each day of the violation shall constitute a separate violation for the purpose of computing the civil penalty under paragraph (1).
(c) Contract penalties
(1) In general
The Secretary shall include in each contract with a contractor of the Department who has entered into an agreement of indemnification under section
2210(d) of this title provisions that provide an appropriate reduction in the fees or amounts paid to the contractor under the contract in the event of a violation by the contractor or contractor employee of any regulation promulgated under subsection (a) of this section.
The provisions shall specify various degrees of violations and the amount of the reduction attributable to each degree of violation.
(d) Coordination of penalties
(1) Choice of penalties
For any violation by a person of a regulation promulgated under subsection (a) of this section, the Secretary shall pursue either civil penalties under subsection (b) of this section or contract penalties under subsection (c) of this section, but not both.
(2) Maximum amount
In the case of an entity described in subsection (d) ofsection
2282a of this title, the total amount of civil penalties under subsection (b) of this section and contract penalties under subsection (c) of this section in a fiscal year may not exceed the total amount of fees paid by the Department of Energy to that entity in that fiscal year.
(3) Coordination with section
2282a of this title
The Secretary shall ensure that a contractor of the Department is not penalized both under this section and under section
2282a of this title for the same violation.
“(1) Deadline for promulgating regulations.—The Secretary of Energy shall promulgate the regulations required by subsection a. of section 234C of the Atomic Energy Act of 1954 [42 U.S.C. 2282c(a)] (as added by subsection (a)) not later than one year after the date of the enactment of this Act [Dec. 2, 2002].
“(2) Effective date.—The regulations promulgated under paragraph (1) shall take effect on the date that is one year after the promulgation date of the regulations.”
Pub. L. 107–314, div. C, title XXXI, § 3173(c),Dec. 2, 2002, 116 Stat. 2745, provided that: “The Secretary of Energy shall not participate in or otherwise support any study or other project relating to a modification in the scope of the regulations enforceable by civil penalties under section 234A or 234C of the Atomic Energy Act of 1954 [42 U.S.C. 2282a, 2282c], or the responsibility of the Secretary to implement and enforce such regulations, until after the date on which the regulations for such purposes under such section
234C take effect in accordance with subsection (b) [set out as a note above].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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