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DOE Order 440. 1 B: Worker Protection Program for DOE (Including NNSA) Federal Employees

Stakeholders: DOE and NNSA employees Scope: DOE Order 440.1 B establishes the framework for an effective worker protection program that will reduce or prevent injuries, illnesses, and accidental losses by providing Department of Energy, including National Nuclear Security Administration (NNSA), Federal workers with a safe and healthful workplace.

Summary: Among the requirements of DOE Order 440.1 B, the Department must provide its employees, including NNSA, a number of protections relating to whistle blowing guidelines. The relevant section of requirements includes:

4. REQUIREMENTS. DOE elements must:
         f. Provide workers the right, without reprisal, to:

    1. Accompany DOE worker protection personnel during workplace inspections; 
    2. Participate in activities provided for in this Order on official time; 
    3. Express concerns related to worker protection; 
    4. Decline to perform an assigned task because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious bodily harm to that individual, coupled with a reasonable belief that there is insufficient time to seek effective redress through the normal hazard reporting and abatement procedures established in accordance with this Order;
    5. Have access to DOE worker protection publications, DOE-prescribed standards, and the organization's own worker protection standards or procedures applicable to the workplace;
    6. Observe monitoring or measuring of hazardous agents and have access to the results of exposure monitoring;
    7. Be notified when monitoring results indicate they were overexposed to hazardous materials;
    8. Receive results of inspections and accident investigations upon request;
    9. Have limited information on any recordkeeping log (OSHA Form 300).
      Access is subject to Freedom of Information Act requirements and restrictions;
    10. Review the DOE Form 5484.3 (the DOE equivalent to OSHA Form 301) that contains the employee’s name as the injured or ill worker.

DOE Order 440.1 B