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U.S. Department of Energy					POLICY
Washington, D.C.						DOE P 442.1	
		
								Approved: 11-16-06

SUBJECT:	DIFFERING PROFESSIONAL OPINIONS ON TECHNICAL ISSUES
	  	RELATED TO ENVIRONMENT, SAFETY, AND HEALTH
		  
PURPOSE AND SCOPE

The purpose of this Policy is to-

*	establish a differing professional opinion (DPO) policy to
	facilitate dialogue and resolution on DPOs related to
	environment, safety, and health (ES&H) of DOE facilities and
	activities;
	
*	ensure that managers encourage employees to freely communicate
	ES&H concerns and DPOs;

*	ensure that employees feel free to raise issues related to
	ES&H associated with DOE facilities and activities without fear
	of retaliation or reprisals;

*	ensure that issues related to ES&H are raised and addressed in
	a timely manner and that activities that might result in an undue
	risk are curtailed or suspended as appropriate under the proper
	authority; and

*	supplement the Department of Energy (DOE) Employee Concerns
	Program mandated by DOE O 442.1A, Department of Energy Employee
	Concerns Program, dated 6-6-01, by providing a specific process
	for assessing and addressing technical issues related to ES&H.

This Policy covers resolution of DPOs from employees1 on
technical issues relating to ES&H.  It does not address
administrative, contract, or personnel issues except to the
extent that they relate directly to technical ES&H issues.  It
also does not address concerns submitted anonymously or with
requests for confidentiality.  This policy applies to all DOE
elements with the exception of-
	
*	Naval Reactors (Naval Nuclear Propulsion Program) in
	accordance with Executive Order 12344, as set forth in Public
	Laws 98-525 and 106-65 and
	
*	the Bonneville Power Administration (BPA) in accordance with
	Secretarial delegation Order Number 00-033.00A to the BPA
	Administrator and Chief Executive Officer, dated 9-27-02.


POLICY

It is DOE policy to maintain a working environment that
encourages employees to make known their best professional
judgments even though they may differ with prevailing staff
views, disagree with management or policy decisions, or take
issue with proposed or established practices.

The Department is committed to ensuring that ES&H issues can be
raised without fear of retaliation and that such issues are
resolved.  Unless the disclosure is specifically prohibited by
law, employees are encouraged to engage in open, frank, and
unrestricted professional discussions across organizational
boundaries on technical issues, particularly those related to
ES&H.  DOE is committed to the protection of employees from
retaliation in any form for filing DPOs.  Furthermore, employee
whistleblower rights are established in 5 U.S.C.  2302,
Prohibited Personnel Practices, for Federal employees, in
10 CFR 708, DOE Contractor Employee Protection Program, for
contractor employees, and in Section 211 of the Energy
Reorganization Act, as amended, codified at 42 U.S.C. Sec. 5821
which provides DOE and DOE contractor whistleblower protection.

Employees who believe they have knowledge of a significant
technical issue related to ES&H at DOE facilities or activities
that is not being properly addressed are encouraged to first seek
resolution with their first line supervisors or through existing
comment resolution or local DPO processes2, but they have the
right to report through the DOE Employee Concerns Program and, in
the case of technical issues related to ES&H, through the DOE DPO
Process. Management will encourage employees to raise concerns
related to ES&H.

The DOE DPO Process is documented in DOE M 442.1-1, Differing
Professional Opinions Manual for Technical Issues Related to
Environment, Safety, or Health.  The DOE DPO process will assess
and address issues expeditiously and be open and transparent to
the maximum degree possible.  DOE will designate two DPO managers
(one for the National Nuclear Security Administration and one for
the balance of DOE) to coordinate and expedite resolution of
DPOs.

BY ORDER OF THE SECRETARY OF ENERGY:
					CLAY SELL
					Deputy Secretary


_______________________________
1 Employee for the purposes of this policy is as defined in DOE O
  442.1A as any person working for DOE, including the National
  Nuclear Security Administration or a DOE contractor or
  subcontractor on a DOE project.
2 For example, discussions with first-level supervisors or other
  managers, review and comment processes, and local DPO processes.