ML19211B184
| ML19211B184 | |
| Person / Time | |
|---|---|
| Site: | 07003103 |
| Issue date: | 07/25/2019 |
| From: | Cowne S Louisiana Energy Services |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| LES-19-101-NRC | |
| Download: ML19211B184 (2) | |
Text
LES-19-101-NRC JUL 2 5 2019 Attn: Document Control Desk Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Louisiana Energy Services, LLC NRC Docket Number: 70-3103
Subject:
UUSA Informing NRC of NM Compassionate State Law SB 406 USA The National Enrichment Facility
Reference:
- 1) New Mexico SPAC/SB 406 (Lynn and Erin Compassionate Use Act) effective June 14, 2019.
Recently, the state of New Mexico put into effect Reference 1 which protects individuals with a medical marijuana prescription, against adverse actions from employers.
Louisiana Energy Services, LLC (LES), dba URENCO USA (UUSA) herewith provides the NRC with information regarding the state law and the impact on UUSA's operation and existing procedures.
Reference 1, Section 11 states:
"EMPLOYMENT PROTECTIONS.-
A. Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, it is unlawful to take an adverse employment action against an applicant or an* employee based on conduct allowed under the Lynn and Erin Compassionate Use Act.
B. Nothing in this section shall:
(1) restrict an employer's ability to prohibit or take adverse employment action against an employee for use of, or being impaired by, medical cannabis on the premises of the place of employment or during the hours of employment; or (2) apply to an employee whose employer deems that the employee works in a safety-sensitive position."
In order to assure safe operation of the UUSA facility, UUSA maintains a Fitness for Duty (FFD) program implemented by procedure SY-3-5000-02. The procedure directs screening for non-negative results which would then be turned over to our Medical Review Officer (MRO). Our MRO, now with the change in the New Mexico law as described in Reference 1, would be obligated to evaluate the individual's medical history and declare such a result non-positive due to medical reasons. We believe that the MRO's decision is consistent with New Mexico law and would not warrant action by UUSA under our FFD program.
Pursuant to the provisions above set-forth from Reference 1, UUSA will remain in compliance with the Fitness for Duty procedure as written. If you have any questions with our assessment to maintain the Fitness for Duty program, please contact Rick
- Medina, UUSA Acting Licensing and Performance Assessment Manager at 575.394.5846.
Respectfully, ~
en R. Cowne Nuclear Officer and Compliance Manager I
Louisiana Energy Services, LLC UUSA I P.O. Box 1789 I Eunice I New Mexico 188231 I USA T: +1 (575) 394 4646 I W: www.uusa.urenco.com
LES-19-101-NRC cc via email:
Karl Sturzebecher, Project Manager - UUSA U.S. Nuclear Regulatory Commission Karl.Sturzebecher@NRC.gov Jacob Zimmerman, Enrichment & Conversion Branch Chief U.S. Nuclear Regulatory Commission
- Office of Nuclear Material Safety and Safeguards Jacob.Zimmerman@NRC.gov J. Keith Everly, Senior Program Manager U.S. Nuclear Regulatory Commission JKeith.Everly@nrc.gov Robert Williams Chief - Region II Projects Branch I U.S. Nuclear Regulatory Commission Robert.Williams@nrc.gov