DNFSB Releases Final Rule on Safety Investigation Procedures

The Defense Nuclear Facilities Safety Board yesterday published its final rule for establishing procedures for preliminary and formal safety investigations at Department of Energy facilities, which includes a “safety privilege” aimed at protecting confidential information. Information given to the Board during an investigation can be treated confidential, “safety privileged” and non-public, according to the rule. It aims to facilitate “frank communications” with the DNFSB from witnesses in safety investigations. “The Board must also be viewed as uncompromising in maintaining non-disclosure of privileged safety information. The Board must be able to assure complete confidentiality in order to encourage future witnesses to come forward,” the rule states. 

 

The finalization of the rule comes after the Board published a proposed rule in July 2012 and subsequently reviewed public comments. “The Board’s experience in conducting formal safety investigations necessitates codifying the procedures set forth in this final rule,” the rule states. “Among other benefits, these procedures will ensure a more efficient investigative process, protect confidential and privileged safety information, and promote uniformity of future safety investigations. The rule also promotes public awareness through greater transparency in the conduct of Board investigations.”