D.06 MEMORANDUM OF UNDERSTANDING.docx

MEMORANDUM OF UNDERSTANDING

between

THE U.S. DEPARTMENT OF ENERGY HANFORD

and

THE STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES

ARTICLE I. PURPOSE

This Memorandum of Understanding (MOU) is entered into by and between the U.S. Department of Energy Hanford (DOE) and the State of Washington Department of Labor and Industries (L&I) for the purposes of memorializing DOE-Hanford's responsibilities as a unique self-insurer under the Washington Industrial Insurance Act (Revised Code of Washington, Title 51), and, specifically RCW 51.04.130. In addition, this MOU identifies which contractors and subcontractors at the Hanford Site are covered under this program.

ARTICLE II. AUTHORITIES AND APPLICABLE LAWS AND REGULATIONS

This MOU is entered into pursuant to the authority of Sections 102(11) and 646 of the Department of Energy Organization Act of 1977, P.L. 95-91, 42 U.S.C. § 7101 et seq.,and RCW. 51.04.130.

Except as set forth herein, DOE-Hanford's administration of its workers' compensation claims shall comply with applicable laws and regulations of the State of Washington and of the United States.

ARTICLE III. INTERAGENCY COMMUNICATIONS

To provide for consistent and effective communications between L&I and DOE-Hanford, each agency has appointed a representative to serve as the point of contact on this MOU. Each agency agrees to notify the other in writing should the individual serving as the agency representative change.

For the State of Washington Department of Labor and Industries: Program Manager of Self Insurance State of Washington Department of Labor and Industries P.0. Box 44200 Olympia, Washington 98504-4200

Solicitation # 89303923REM000008 Section D DOE-Hanford Workers' Compensation Third-Party Administrator Attachment D.6

For the U.S. Department of Energy, Richland Operations Office

Program Manager for Hanford Workers' Compensation U.S. Department of Energy Richland Operations Office 2440 Stevens Center P.O. Box 550, MS H6-60 Richland, Washington 99352

ARTICLE IV. CONTRACTORS' COVERAGE AND IDENTIFICATION

DOE-Hanford is a self-insured employer for purposes of Washington State Industrial Insurance, as provided under the Certificate of Qualification issued by L&I effective January 1, 2000. As a self-insurer, DOE-Hanford establishes which prime contractors and other contractors engaged in work related to the Hanford Site will comprise the covered group, as defined under the self-insurance regulations. Contractors identified as members of the covered group shall be insured for purposes of workers' compensation under DOE-Hanford's self insurance certificate. Compensation awards and benefits shall be payable only for claims of workers injured in the course of their employment, pursuant to a DOE contract, related to the Hanford Site.

All current contractors in the covered group are identified by DOE-Hanford in the attachment to this MOU. When DOE-Hanford elects to remove or add a contractor to the covered group, DOE-Hanford shall provide written notification to the L&I Program Manager of Self Insurance within 10 days of the change affecting the contractor's coverage. Written notification received by L&I from DOE-Hanford shall serve as a modification to the attachment to this MOU.

Pursuant to RCW 51.04.130, the Certificate of Qualification and this MOU, L&I considers DOE-Hanford and all of its covered contractors to be one self-insured group or entity and one employer for industrial insurance purposes such that DOE-Hanford and each member of the self-insured group are, for industrial insurance purposes, the statutory employer of the employees of the self-insured group.

ARTICLE V. PROOF OF FUNDS AND FUND PARTICIPATION

Because DOE-Hanford has the ability to meet its self-insured obligations, DOE-Hanford shall not be required to provide a security deposit. DOE-Hanford will provide to L&I proof of availability of funds for the payment of benefits on an annual basis.

DOE-Hanford will be responsible for a pro rata share of the self-insurance administrative assessment, including direct and indirect expenses of each department division, and the board of industrial insurance appeals. However, DOE will not be assessed for portions of the administrative assessment for the University of Washington environmental research facility, Division of Occupational Safety and Health (DOSH), and

Safety and Health Assessment and Research for Prevention (SHARP).

DOE-Hanford shall continue to participate in the Supplemental Pension Fund.

DOE-Hanford will not be required to participate in and may not benefit from the Second Injury Fund Assessment, the Insolvency Trust Assessment, the SI Overpayment Reimbursement Fund Assessment, or the Logger Safety Assessment.

ARTICLE VI. EFFECT OF THIS MOU

This MOU is neither a fiscal nor a funds obligation document. This MOU shall not be construed to provide a private right or cause of action for or by any person or entity. All agreements herein are subject to and will be carried out in compliance with all applicable Federal laws, regulations, and other legal requirements.

ARTICLE VII. AMENDMENT/TERMINATION AND EFFECTIVE DATE

This MOU may be amended or terminated by written agreement between L&I and DOE RL. This MOU may be terminated unilaterally by either party upon 90 days written notice to the other party. This amended MOU shall become effective upon the later date of signature of the parties and shall remain in effect until ten years from the date of execution, unless extended or terminated by the parties before that date. In the event of termination, the parties will work together in good faith to resolve any issues arising out of the tem1ination, which may include adjusting the effective date of the termination by written agreement.

Lorna Zaback Program Manager for Hanford Workers Compensation U.S. Department of Energy Richland Operations Office

Randi Warick Deputy Director for Financial Management State of Washington Department of Labor and Industries

HANFORD June 12, 2018 Current Covered Prime Contractors and the Covered Sub-Contractors

Historical Covered Prime and Sub Contractors

subs

did not award

CSC Hanford LLC

08/24/09 - 07/19/13 sub to MSA, Owner/name change to Pacific Architects and Engineers Inc. (PAE)

CSC Applied Technologies

08/24/09 - 07/19/13 sub to MSA, Owner /name change to PAE

Fluor Federal Northwest Services, Inc (FFNWS)

01/01/00 - 08/23/09 Prime - Craft Only - Affiliate to FHI (incorrectly listed as Fluor Gov Group)

Occupational Health Foundation

Duratek Federal Services of Hanford, Inc.

coverage ended 10/23/06 10/23/06 Name chg to Energy Solutions Federal Services of Hanford, Inc.

09/30/05 Day & Zimmerman, LLC dba

Babcock & Wilcox Hanford Company

Using DOE's UBI due to SIEDR requirements.

Duke Engineering & Services Hanford, Inc.

DynCorp Tri-Cities Services, Inc.

Fluor Daniel Northwest Services craft workers only

Lockheed Martin Hanford Corporation

Rust Federal Services of Hanford, Inc.

Waste Management Hanford

Fluor Daniel Hanford

Westinghouse Hanford Company

Kaiser Engineers Hanford

J.A. Jones Construction Services Company

Rockwell Hanford Operations

Now Boeing North America

United Nuclear Industries aka Douglas United Nuclear Inc

UNC Nuclear Industries, Inc

General Electric

DOE UBI

EI duPont deNemours Company

DOE UBI

All-Vitro Engineers

DOE UBI

US Testing

DOE UBI

Computer Sciences Corporation

DOE UBI

Isochem (Martin-Marietta/US Rubber)

DOE UBI

ITT Federal Support Services

DOE UBI

Atlantic Richfield Hanford Company

Boeing Computer Services Richland, Inc.

DOE UBI

Braun Hanford Co.

International Technology Corporation

DOE UBI