---
kind: "section"
citation: "48 C.F.R. § 923.7002"
title: "48"
number: "923.7002"
heading: "Worker safety and health."
url: "https://uscodex.org/cfr/48/923.7002"
---

# §923.7002. Worker safety and health.

- (a) The Atomic Energy Act mandates that DOE shall either pursue civil penalties, as implemented at [10 CFR part 851](/cfr/10/part851.md), for a violation under [42 U.S.C. 2282c](/usc/42/2282c.md), or a contract fee reduction, but not both. For a contract fee reduction—
  - (1) The clause prescribed at §§ [942.71(d)](/cfr/48/942.71.md?p=d) and [923.7003(f)](/cfr/48/923.7003.md?p=f), which is 952.242-71, Conditional Payment of Fee, Profit, or Other Incentives, addresses contract fee reductions (for both non-management and operating contracts and management and operating contracts; for the latter, §§ [942.71(d)](/cfr/48/942.71.md?p=d) and [923.7003(f)](/cfr/48/923.7003.md?p=f) refer to clause prescribed in 970.1504-3(b)).
  - (2) The clause provides, among other things, for an appropriate reduction to the fee, profit, or other incentives under the contract in the event of a violation by the contractor or any contractor employee of any Departmental regulation relating to the enforcement of worker safety and health concerns.
  - (3) When reviewing performance failures that would warrant a reduction of otherwise earned fee, the Contracting Officer must consider mitigating factors that may warrant a reduction below the applicable range specified in the clause. The mitigating factors are specified in the clause.
  - (4) The Contracting Officer must obtain the concurrence of the Head of the Contracting Activity: prior to effecting any reduction of fee, profit or other incentives otherwise payable under the clause at 952.942-71, Conditional Payment of Fee, Profit, or Other Incentives; and prior to determining that no reduction is warranted for performance failure(s) that would otherwise warrant a reduction.
- (b) In the event of a violation by the contractor or any contractor employee of any Department regulation relating to worker safety and health concerns, before deciding to pursue a contract fee reduction, the Contracting Officer must coordinate with the Office of Nuclear Safety within the Office of Enforcement in the Office of Enterprise Assessments (or designated successor office).

## Notes

### Amendments

[89 FR 89752, Nov. 13, 2024]

### Authority

Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

### Amendments

[89 FR 89752, Nov. 13, 2024]