In 1957, the 1954 Atomic Energy Act was amended to include the Price Anderson Amendment Act (PAAA), which is a no-fault insurance (indemnification) system designed to indemnify DOE contractors and subcontractors under contracts that include a risk of public liability for nuclear safety (i.e. quality assurance, radiation protection) or worker safety and health incidents. This indemnification is a form of self-insurance for claims resulting from nuclear or worker safety and health incidents, and provides a structure that assures monies are readily available to remedy damage to the public that may occur as the result of such an incident.
Ensuring Berkeley Lab meets PAAA Requirements
The indemnification clause and the DOE implementing regulations of PAAA requirements are in the University of California (UC) contract with the DOE, and LBNL is required to comply with the provisions of the contract. In order to enjoy the benefits of indemnification, LBNL adheres to the following:
- Identifies deficiencies in a timely manner;
- Determines if deficiencies are a violation of the Regulations;
- Reports deficiencies promptly and completely;
- Performs causal analysis of deficiencies;
- Corrects deficiencies in a timely manner; and
- Identifies modifications in practices/facilities that can improve public and employee safety.
Consequences of Not Working within Controls, and Identifying and Correcting Issues
The DOE Office of Enforcement and Oversight could initiate Enforcement Action, which could result in criminal and/or civil penalties and fines; and/or
The DOE Site Office could initiate contract sanctions, which could result in the Lab losing its contract extensions and/or a reduction of our contract fee.
Staff Needs To:
- Work in accordance with applicable policies, procedures, authorizations and requirements;
- Promptly report any actual or potential noncompliance, incident, event or accident to:
- Your supervisor,
- Your Division Safety Coordinator ,
- The PAAA Enforcement Coordinator, and/or
- The Office of Contractor Assurance; and
- Promptly correct any actual or potential noncompliance, incident, event or accident.