LLNS Request for Variance From 10 CFR 851 for Construction of LLNL Emergency Operations Center
Lawrence Livermore National Security, LLC (LLNS) is submitting the following variance application requesting the use of the State of California’s Occupational Safety and Health Administration (Cal/OSHA) Regulations in lieu of Title 10 Code of Federal Regulations Part 851 (10 CFR 851, the Rule), Worker Safety and Health Program, Subpart B (Program Requirements), Subpart C (Specific Program Requirements), and Appendix A (Worker Safety and Health Functional Areas), solely with respect to the construction of the new Lawrence Livermore National Laboratory (LLNL) Emergency Operations Center (EOC) facility. The request is in support of the National Nuclear Security Administration (NNSA) “pilot” to streamline the delivery of commercial-like line item construction projects under $50 million. This pilot is aligned with the approved NA-50 safety approach for the projects in the pilot. This pilot is to test and demonstrate innovation leading to a reduced cost of construction for building commercial type structures at Department of Energy (DOE)/NNSA facilities. The variance proposes to permit local/regional construction businesses contracted to Management & Operation contractor operated facilities to bid, operate, execute, and comply with safety and health standards they utilize in their business outside of the DOE Complex. This will permit compliance to standards that are as safe and healthful as those in 10 CFR 851 without confusion, additional cost, and inefficiencies associated with the burden of compliance to an unfamiliar regulatory spectrum.