J.2 MEMORANDUM OF UNDERSTANDING.pdf

MEMORANDUM OF UNDERSTANDING

between

THE U.S. DEPARTMENT OF ENERGY RICHLAND OPERATIONS OFFICE

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 Richland Operations Office (DOE-RL) and the State of

Washington Department of Labor and Industries (L&I) for the purposes of memorializing DOE-RL'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-RL'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-RL, 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 DOE-Hanford Workers' Compensation Third-Party Administrator

Section J Attachment J.2

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

Pros ),rarn Manager for Hanford Workers' Compensation U.S. Department of Energy Richland Operations Office 2420 Stevens Center P.O. Box 550, MS A7-27 Richland, Washinj ~ton 99352

ARTICLE IV. CONTRACTORS' COVERAGE AND IDENTIFICATION

DOE is a self-insured employer for purposes of Washin~ ton State Industrial Insurance,, as provided under the Certificate of Qualification issued by L&I effective January 1, 2000.

As a self-insurer, DOE-RL 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 re~ mulations. Contractors identified as members of the covered group shall be insured for purposes of workers' compensation under DOE-RL'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-RL in the attachmnent to this MOU. When DOE-RL elects to remove or add a contractor to the covered group, DOE-RL shall provide written notification to the L&I Program Manager of Self- Insurance within 10 days of the chiange affecting the contractor's coverage. Written notification received by L&l from DOE-RL shall serve as a modification to the attachment to this MOU.

Pursuant to RCW 5 1.04.130, the Certificate of Qualification and this MOU, L&I considers DOE-RL and all of its covered contractors to be one self-insured group or entity and one employer for industrial insurance purposes such that DOE-RL 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-RL has the ability to meet its self-insured obligations, DOE-RL shall not be required to provide a security deposit. DOE-RL will provide to L&1 proof of availability of funds for the payment of benefits on an annual basis.

DOE-RL 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

Solicitation # 89303923REM000008 DOE-Hanford Workers' Compensation Third-Party Administrator

Attachment J.4 facility, Division of Occupational Safety and Health (DOSH), and Safety and Health Assessment and Research for Prevention (SHARP).

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

DOE-RL 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 Log ger 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 ril bht or cause of action for or by any person or entity. All a ~reernents herein are subject to and will be carried out in compliance with all applicable Federal laws,, rel ~ulations ,and other legal requirements.

ARTICLE VII. AMENDMENT/TERMINATION AND EFFECTIVE DATE

This MOU may be amended or term-inated by written a~ ~reen-ent 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

Itermination, the parties will work to1 ~ether in good faith to resolve any issues arising out of the term-ination, which may include adjusting the effective date of the termination by written a ~reernent.

7, (Ik- Gail Splett 7- Randi Warick P ru gram Mana ~er fo r Deputy Director for Financial Mana{ Hanford Workers Compensation State of Washington U.S. Department of Energy Department of Labor and Industries Richland Operations Office

Date: // ;7 Le Date: \' ;)-7--

Solicitation # 89303923REM000008 DOE-Hanford Workers' Compensation Third-Party Administrator

HANFORD

June 12, 2018

Current Covered Prime Contractors and the Covered Sub -Contractors

COVERAGE

NAME NOTESDATES

Battelle Memorial Institute/Pacific 1/ 1/00 -present1 Prime/no covered subs Northwest National Laboratory (PNNL)

CH2M HILL Plateau Remediation 10/ 1/08 - present IPrime/no covered subs Company (CHPRC)

HPM Corporation (HPMC) 10/1/12 - present Prime

Computer Science Corp (CSC) 10/1/12 - present Jsub to HPMC

Mission Support Alliance, LLC (N'SA) 8/24/09 - present Prime

Akinia Hanford Services, LLC 8/24/09 - present sub to MSA -I.-

Akirna Facilities Mana~ ~ement 8/24/09 - present sub to MSA

Dade Moeller & Associates Hanford 8/24/09 - present sub to MSA Mission Support, LLC

HPM Corporation - MSA 8/24/09 - present sub to MSA

Westech International MSA, LLC 8/24/09 - present sub to MSA

Westech Intl 8/24/09 - present sub to MSA

Washington River Protection Solutions, 10/1/08 - present Primne/no covered subs

LLC (WRPS)

Wastren Advantage, Inc. operating as 1 1/22/15-present Prime/no covered subs "WAI Hanford Laboratory" (WAI-HL)

Historical Covered Prime and Sub Contractors

COVERAGENAME NOTESDATES

Advanced Technolo~ ~ies and Laboratories Primne/no covered

05/16/05-11/21/15 International,, Inc. (ATL) subs Computer Services Corp. (CSC) (Hanford 04/01/11 - 09/30/12 Prime Occupational Health Services)

HPMC 06/06/04 - 09/30/12 sub to CSC AdvancedMed (AMH) 06/06/04 - 03/31/11 Prime

Babcock Services -PRC 10/01/08 - 09/30/13 sub to CHPRC Babcock Services PRC, LLC 10/01/08 - 09/30/13 sub to CHPRC

-EnRep, Inc. 10/01/08 - 09/30/13 sub to CHPRC EnRep PRC, Inc. 10/01/08 - 09/30/13 sub to CHPRC

East Tennessee Materials and Energy - PRC 10/01/08 - 09/30/13 sub to CHPRC

Solicitation # 89303923REM000008 DOE-Hanford Workers' Compensation Third-Party Administrator

M&EC PRC, Inc 10/0 1/08 -09/30/13 sub to CHPRC

GEM Technolo~ y Intl. - PRC 10/01/08 -09/30/13 sub to CHPRC

GEM Technology - PRC, Inc. 10/01/08 -09/30/13 sub to CHPRC

Fluor Federal Services - PRC 10/01/08 -09/30/13 sub to CHPRC

Cavanagh Services Group PRC, LLC 10/01/08 - 12/16/12 {sub to CHPRC Prime/no covered

Washington Closure Hanford LLC (WCH) 8/27/05 - 9/30/20 16 subs

Eberline Services Hanford ,Inc. (ESHI) 06/14/06 - 09/30/12 sub to WCH

Integrated Logistics Services, Inc. (ILSI) {06/14/06 - 09/30/08 sub to WCH

Bechtel Hanford Inc (BHI) IThru 08/26/05 Prime [CH2M Hill Hanford, Inc. Thru 08/26/05 sub to BHI Eberline Services Hanford, Inc. Thru 08/26/05 sub to BHI Thermio Hanford {Thru 08/26/05 sub to BHI Hanford Crane & Rigging, LLC No coverag e - MSA

8/24/2009 did not award

R. J. Lee Group Inc - MSA 08/24/09 - 09/30/14 sub to MSA RJ Lee Group Inc - Hanford 08/24/09 - 09/30/14 sub to MSA Pacific Architects and Eng ineers

07/19/13 - 09/30/14 sub to MSA Incorporated (PAE) Abadan Hanford LLC 08/24/09 - 09/30/13 sub to MSA CSC Hanford LLC sub to MSA, Owner/ name change to Pacific08/24/09 - 07/19/13 Architects and Engineers Inc.

(PAE)

CSC Applied Technologies sub to MSA, Owner 08/24/09 - 07/19/13 /name chang e to

PAE

PSI-Hanford, Inc }08/24/09 - 01/11/13 sub to MSA PSI, Inc 08/24/09 - 09/30/13 sub to MSA Energy Solutions Federal Services of 0 1/01/00 - 08/23/09 sub to FHI Hanford, Inc.

Numatec Hanford Corporation 01/01/00 - 08/23/09 sub to EHI

Prime - Craft Only - Fluor Federal Northwest Services, Inc Affiliate to EHI

01/01/00 - 08/23/09 (FFNWS) (incorrectly listed as

Fluor Gov Group) aka Hanford

Hanford Environmental Health Foundation coverage ended Occupational

(HEHF) 06/05/04

Health Foundation

Solicitation # 89303923REM000008 DOE-Hanford Workers' Compensation Third-Party Administrator

10/2 3/06 Name chg coverag e ended to Energy Solutions

Duratek Federal Services of Hanford, Inc. 10/23/06 Federal Services of Hanford, Inc.

coverag e ended Day & Zimmerman, Protection Technolog y Hanford 09/30/05 LLC dba

Using DOE's UBI Babcock & Wilcox Hanford Com-pany due to SIEDR requirements.

Duke Eng ~ineering & Services Hanford, Inc.

DynCorp Tni-Cities Services, Inc.

Fluor Daniel Northwest Services craft workers only

Lockheed Martin Hanford Corporation

Rust Federal Services of Hanford, Inc.

Waste Manag ~en-ent Hanford

Fluor Daniel Hanford

Westing ~house Hanford Company

Kaiser Engineers Hanford

J.A. Jones Construction Services Company

Now Boeing North Rockwell Hanford Operations

America aka Doug ~las United

United Nuclear Industries Nuclear Inc

UNC Nuclear Industries, Inc

General Electric DOE UBI

El duPont deNeinours Company DOE UBI

All-Vitro Eng ~ineers DOE UBI

US Testing DOE UBI

Computer Sciences Corporation DOE UBI

Isochemn (Martin-Marietta/US Rubber) DOE UBI

ITT Federal Support Services DOE UB I

Atlantic Richfield Hanford Com-paniy

Boeing Computer Services Richland, Inc. DOE UBI

Braun Hanford Co.

International Technolog y Corporation DOE UBI

Solicitation # 89303923REM000008 DOE-Hanford Workers' Compensation Third-Party Administrator