ML13329A282
| ML13329A282 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 01/11/1994 |
| From: | Perkins K NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Hernandez E AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML13329A283 | List: |
| References | |
| EA-93-240, NUDOCS 9402020091 | |
| Download: ML13329A282 (5) | |
See also: IR 05000206/1993030
Text
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UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION V
1450 MARIA LANE
WALNUT CREEK, CAUFORNIA 94596-5368
JAN 11 994
EA 93-240
Inter-Con Security Services, Inc.
900 South Garfield Avenue
Alhambra, California 91801
Attention:
Mr. E. Hernandez Jr., President
SUBJECT:
NRC SPECIAL INSPECTION REPORT NOS. 50-206, 361,
362/93-30
This refers to the special inspection conducted by Mr. F. R. Huey
of this office on August 31 through September 24, 1993, at the
San Onofre facility. The results of this inspection were
documented in the referenced NRC inspection report, which was
transmitted to you on October 1, 1993.
This report addressed two
apparent violations of 10 CFR 50.7 concerning discrimination
against contractor personnel employed at San Onofre. These
issues were discussed with you during an enforcement conference
held in the Region V Office on October 18, 1993.
Our discussion
during the enforcement conference was summarized in Meeting
Report No. 50-206/93-33, transmitted to you on November 8, 1993.
One of the violations occurred on October 21, 1991, and involved
an Inter-Con Security Services (Inter-Con) security guard
employed by SCE as a contract employee. He was discharged by an
Inter-Con manager because he raised safety concerns to Inter-Con
management related to his radiological safety during Unit 1
outage activities. During the enforcement conference, the
involved manager indicated that he had been trained and clearly
understood the licensee's non-discrimination policy, and did not
believe that he had violated that policy, saying that the
employment action was taken because Inter-Con considered the
individual insubordinate. Although Inter-Con advised the
security guard that it was safe to work, in the NRC's view Inter
Con did not satisfy the standard set down in Department of Labor
cases with respect to the qualifications of the person who
advised the employee on the safety of working as directed or with
respect to the detail of the explanation that was provided to the
employee. Therefore, the NRC has concluded that zrAViolation
occurred. In reaching its conclusion, the NRC relied on the
following facts:
(1) the watchperson was engaging in protected
activity, and (2) under DOL case law, Inter-Con did not provide
sufficient information to the watchperson to make the termination
a legitimate action for a refusal-to-work.
The Secretary of Labor has held that refusal to work is subject
to protection if the employee has a good faith, reasonable belief
9402020091 940111
PDR ADOCK 05000206
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Inter-Con Security Services
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Inc.
that working conditions are unsafe or unhealthful. The Secretary
has explained that whether the belief is reasonable depends on
the knowledge available to a reasonable man in the circumstances
with the employee's training and experience. However, a refusal
to work loses its protection after the perceived hazard has been
investigated by responsible management officials and government
inspectors, if appropriate, and, if found safe, adequately
explained to the employee. See Pensyl v. Catalytic, Inc., Case
No. 83-ERA-002, Decision and Order (of Remand), January 13, 1984,
and Tritt-v. Fluor Constructors, Inc., Case No. 88-ERA-029,
Decision and Order (of Remand), August 25, 1993.
The NRC views employee discrimination as a very serious matter
and, as provided by 10 CFR 50.5, "Deliberate Misconduct,"
licensee contractors are subject to escalated enforcement action,
including orders to remove individuals when appropriate, for
violations of 10 CFR 50.7, "Employee Protection."
However, since
the NRC has concluded that the discrimination in this case did
not involve deliberate misconduct and was more closely related to
the failure to adequately answer the employee's concerns
regarding the safe working conditions, the NRC has classified
this violation at Severity Level IV and is exercising the
discretion allowed in the Enforcement Policy in classifying this
as a non-cited violation.
Nonetheless, based on our discussion during the enforcement
conference, it does not appear that Inter-Con has taken
aggressive action to implement measures to ensure that its
supervisors involved in NRC-licensed activities are appropriately
trained on or sensitive to discrimination matters. The NRC is
also concerned that shortly after the incident, when SCE
concluded that there had been discrimination, Inter-Con disagreed
with this conclusion despite facts that clearly supported SCE's
conclusion. Furthermore, during the enforcement conference,
representatives of Inter-Con continued to appear unconvinced that
discrimination had occurred. Inter-Con is encouraged to promptly
correct these problems. Future occurrences of discrimination
likely will result in NRC enforcement action not only against
Inter-Con, but against the involved individuals as well.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"
a copy of this letter will be placed in the NRC Public Document
Room.
Sincerely,
K. E. Perkins, Jr.
Acting Regional Administrator
cc:
See Next Page
Inter-Con Security Services
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Inc.
cc:
H. Ray, Southern California Edison Company
R. Krieger, Southern California Edison Company
R. Rosenblum, Southern California Edison Company
4
EA93-240
FINAL ISSUE
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Southern California Edison
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Company
DISTRIBUTION:
LPDR
SECY
CA
J. Taylor, EDO
H. Thompson, DEDS
J. Sniezek, DEDR
J. Lieberman, OE
K. Perkins, RV
L. Chandler, OGC
J. Goldberg, OGC
T. Murley, NRR
J. Callan, NRR
Enforcement Coordinators,
RI, RII, RIII, RIV
F. Ingram, GPA/PA
B. Hayes, 01
D. Williams, OIG
E. Jordan, AEOD
R. Rosano, OE
Day File
EA File 93-240
R. Huey, RV
K. Perkins, RV
S. Richards, RV
M. Virgilio, NRR
T. Quay, NRR
G. Cook RV
H. Wong, RV
B. Olson, RV
RV Docket File