Worker Safety and Health
10 CFR 851 Rule

Variance Applications

As part of the 10 CFR 851 implementation process, UT-Battelle has the opportunity to submit variance applications for requirements contained in the regulation if certain conditions are met. A permanent variance offers UT-Battelle relief from a safety and health standard that is being addressed in a way other than prescribed in the regulation. UT-Battelle is considering a permanent variance request involving the flow down of occupational medicine requirements to subcontractors:

The subject of this variance request is the implementation of the occupational medicine requirements for ORNL subcontractors, at all sub tier levels, for the 10 CFR 851 Appendix A.8 requirements which do not relate to hazard-specific medical surveillance. Given the magnitude and complexity of the implementation issues, UT-Battelle is unable to comply with the flow down of the full suite of occupational medicine requirements to subcontractors until DOE provides clear direction, better defines applicability, and some negotiation of change in scope and additional resources is accomplished. Until that time, UT-Battelle will continue to flow down prudent OSHA-required medical surveillance requirements to subcontractors at all levels when the potential for exposures to hazards is identified.

Employees have the right to petition the DOE Assistant Secretary for Health, Safety, and Security (HSS) or his designee for a conference if you have concerns with these requests. Employees may view the variance requests by contacting Sharon Kohler, Director of the Safety Services Division, at 574-4337. Requests to petition the Assistant Secretary for HSS should be made in compliance with 10 CFR 851.34 with a copy provided to the Safety Services Division.