DOE looks to streamline worker safety and health regs

Notice of the proposed rulemaking was published in the January 21 Federal Register with a request for comments.

EO directive: The changes follow President Trump’s Executive Order 14301, “Reforming Nuclear Reactor Testing at the Department of Energy,” which instructs the DOE “to revise the regulations, guidance, and procedures, and practices of the department, the national laboratories, and any other entity under the department’s jurisdiction to significantly expedite the review, approval, and deployment of advanced reactors under the department’s jurisdiction.”

The order, issued in May 2025, also identifies actions the DOE is to take to establish a pilot program to construct and operate reactors outside the national laboratories, with a target to achieve criticality by July 4, 2026.

The changes: The DOE said it has identified several changes that would update the worker safety and health program for facilities and activities under the responsibility of the DOE’s Office of Nuclear Energy. According to the department, the changes would incorporate “decades of operational experience at DOE nuclear facilities and affording DOE contractors the flexibility to utilize widely accepted industry or government standards.”

Key changes include the following:

• Revising the definition of “DOE site” to clarify that Part 851 worker safety and health requirements apply to any operations authorized by the DOE, even if an activity is located on sites not owned or leased by the department.
• Clarifying the current definition of “worker” as referring to an employee of a DOE contractor who performs work in furtherance of a DOE mission at a covered workplace.
• Adding a new section (Part 851.46) that would provide specific direction to contractors under DOE-NE, removing “overly prescriptive, individualized approval requirements” concerning worker safety and health programs, and removing certain industry standards that are deemed overly conservative.
• Modifying approval and enforcement processes to reduce administrative burdens and improve efficiency.

Comments: The DOE is accepting comments, data, and information regarding the proposed changes to 10 CFR Part 851 until February 20.

Submissions can be made through the federal rulemaking portal using document ID DOE_FRDOC_0001-5304.