GO2-90-181, Comment Opposing Proposed Rule 10CFR26 Re fitness-for-duty. Rev Would Restrict Licensee from Taking Appropriate Action on Preliminary Positive Test

Comment Opposing Proposed Rule 10CFR26 Re fitness-for-duty. Rev Would Restrict Licensee from Taking Appropriate Action on Preliminary Positive Test

ML20062D804
Person / Time
Site:	Columbia
Issue date:	10/30/1990
From:	Sorensen G WASHINGTON PUBLIC POWER SUPPLY SYSTEM
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-55FR35648, RULE-PR-26 55FR35648-00025, 55FR35648-25, GO2-90-181, NUDOCS 9011190022
Download: ML20062D804 (2)

Text

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October 30, 1990 ""%  :

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G02-90-181

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Mr. S. J. Chilk, Secretary i U. S. Nuclear Regulatory Commission  !

Washington, D. C. 20555 i Attn: Docketing and Services Branch  !

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Dear Mr. Chilk:

I

Subject:

COMMENTS ON PROPOSED RULE - FITNESS FOR DUTY PROGRAMS *

(55FR35648) i l

The Washington Public Power Supply System, an NRC Licensee, has reviewed the l l subject proposed rule change and provides the following comments for your i i consideration.  :

The Supply System opposes the proposed revision to 10CFR26 primarily on two i grounds: l (1) it unduly restricts the Licensee from taking appropriate action on a  !

preliminary positive test; and  ?

t (2) by not taking action, the Licensee is at risk and may be placing the public at risk should the employee willfully or accidentally create or contribute to a plant accident.

l Although the Supply System currently does no on-site screening of specimens, I we are of the opinion that the proposed rule represents an intrusion into management's prerogative to use prudent judgement when a presumed positive i is detected. ,

By enacting a fitness-for-duty rule, the NRC has made a decision that public health and safety considerations outweigh the resulting encroachment on i individual rights. To now approve the proposed , rule; the NRC would, in ,

essence, tie the hands of NRC licensees and prevent them from taking prudent i action based on a preliminary screen and reasoned judgement. In situations  !

such as this, the scales must tip in favor of public health ai4d' safety. -

The process required to obtain a confirmed positive can consume as much as i a two-week period, during which time a licensee would be required to " sit on  :

its hands" while it has substantive knowledge that'an employee with a drug  ;

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l l l 1 Mr. S. J. Chilk, Secretary {

Page Two j October k , 1990  :

COMMENTS ON PROPOSED RULE - FITNESS FOR DUTY PROGRAMS  :

(55FR35649)  !

i or alcohol problem has unrestricted access to safety equipment. In other  ;

areas of enforcement, the NRC applies a very rigid standard of actions expected of a licensee based on what the licensee " knew or should have j known". It seems totally incongruous to apply a lesser standard to an issue as important as drug or alcohol use. While it is recognized that there are i i some legitimate medications or foodstuffs that will account for a posi' ) +

indication for some drugs, there are others for which no legitimate reat ; I exist. The licensee must be provided with the opportunity to make a reasoned j decision in these circumstances. Is the NRC prepared to accept the liability  :

l for events that may be caused by an impaired employee while the licensee j awaits a confirmed positive?

l We concur with the position taken by Chairman Carr that the removal of individuals from activities within the scope of Part 26 in those cases where  ;

the individuals fitness may be questionable is not inappropriate. Such l actions will be taken only after careful consideration of all- potentially  :

mitigating factors and carefully weighing the balsnce between public health 1 and safety and individual rights.  ;

In addition, we support the coments being submitted on this issue by NUMARC and the law firm of Winston and Strawn.

We appreciate the opportunity to participate in the NRC's rulemaking process. I Very truly yours,

{

4,b G. C. Sorensen, Manager

• Regulatory Programs i

GCS:19 1

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