Back to Federal guidance

OSHA enforcement at Energy Department contractor facilities

Summary A congressman asked OSHA to investigate safety issues at Energy Department nuclear facilities. OSHA said government-owned, contractor-operated facilities were then exempt from its enforcement under federal law. It described a cooperative program evaluation with the department rather than site inspections. OSHA now archives the letter as potentially outdated.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1990-06-22-1
Date issued
June 22, 1990
Status
Archived by the agency
OSHA archives this letter and says it may no longer represent OSHA policy.
Status last verified October 9, 2026

Apply this to your situation

This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, with citations.

The current status of this document is unclear
OSHA archives this letter and says it may no longer represent OSHA policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

JUN 22 1990

The Honorable Norm Dicks
House of Representatives
[Recipient address omitted]

Dear Congressman Dicks:

Thank you for your letter of May 10, addressed to the Occupational Safety and Health Administration (OSHA), concerning compliance with the OSHA standards at Department of Energy (DOE) nuclear facilities, and at the Hanford Reservation in particular.

Under Section 4(b)(1) of the Occupational Safety and Health Act of 1970 and Section 161(i)(3) of the Atomic Energy Act of 1954, employees of DOE government-owned, contractor-operated (GOCO) facilities are exempted from OSHA enforcement activity. There are 102 GOCO facilities nationwide. The Hanford Reservation consists of several GOCO facilities.

OSHA, under Secretary Dole's guidance, has offered to assist the DOE by performing a comprehensive evaluation of the DOE safety and health program for GOCOs. Secretary Watkins has accepted our offer and the evaluation is now underway. Current plans call for three teams of OSHA professionals to visit eight DOE Operations Offices and eight GOCO facilities during the months of May through August, 1990. The Pacific Northwest Laboratory in Richland, Washington, (located on the Hanford Reservation) is included among the GOCO facilities to be visited.

A report on the findings of this evaluation is expected to be available to the DOE by October 1990. The report will identify strengths and weaknesses in the DOE safety and health program for GOGO facilities and offer recommendations to Secretary Watkins for enhancing the program. The systemic issues that affect the DOE's safety and health program for compliance with OSHA's standards at GOCOs will be addressed in the report. The report, however, will not address specific compliance problems (violations of OSHA standards) at individual GOCO sites, because OSHA is not conducting traditional inspections at the sites.

We are convinced that Secretary Watkins is fully committed to improving safety and health conditions at all GOCO facilities. OSHA, as well, is committed to providing as much assistance as possible to Secretary Watkins in this effort. This cooperative effort, we are sure, will be successful.

We appreciate your interest and concern in bringing this matter to our attention.

Sincerely,
Gerard F. Scannell
Assistant Secretary

[May 10 congressional letters reproduced on OSHA page; omitted here.]

What does federal law require in your situation?

Ezel checks current federal labor law against your facts and answers with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace