ML19296C898
| ML19296C898 | |
| Person / Time | |
|---|---|
| Issue date: | 12/07/1979 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | |
| Shared Package | |
| ML19296C882 | List:
|
| References | |
| REF-10CFR9.7 SECY-79-661, NUDOCS 8002290036 | |
| Download: ML19296C898 (45) | |
Text
UNITED STATES Cecember 13, 1979 NUCLEAR REGULATORY COMMISSION SECY-79-661 WASHINGTON D. C. 20555 CONSENT CALENDAR ITEM For:
The Commissioners From:
Robert B. Minogue, Director, Office of Standards Development a jr1 Thru:
Lee V. Gossick, Executive Director for Operations fg-
Subject:
EMPLOYEE PROTECTION FOR INDIVIDUALS THAT PROVIDE INFORMATION TO NRC
Purpose:
1)
Provide the Commission a requested summary of the provisions relating to employees' protection that are contained in Public Law 95-601, Section 10, " Employee Protection," and 2)
Make recommendations to the Commission for the implementation of the section on " Employee Protection."1 3)
Make recommendations to the Commission in regard to rule making relating to penalties for licensees that discriminate against workers who provide information to NRC.
[ NOTE:
Public Law 95-601 (NRC FY 79 Authorization Act) amended the Energy Reorganization Act of 1974 Section 10 of Public Law 95-601,
" Employee Protection," is attached as Enclosure 1; a summary of it prepared by OELD is attached as Enclosure 2.]
Category:
This paper covers a policy question.
Resource estimates are Category I, that is, preliminary.
Issue:
To implement Public Law 95-601, Section 10.
Decision Cri teri a:
1)
Impact of the alternatives for complying with the requirements of Public Law 95-601, Section 10.
2)
Enhancement of NRC's ability to perform its investigatory, inspec-tion, and enforcement responsibility, including the ability to secure information.
3)
Extent to which current and planned inspection and enforcement activities would or would not be degraded.
10n September 6, 1978, the Commission considered SECY-78-308, dated June 9, 1978,
" Individuals Who Provide Information to NRC,... Remedies...and Penalties..." and on September 29, 1978, SECY Memorandum to EDO directed that, following enactment of the FY 79 Authorization Bill (S 2584) the staff summarize for the Commission the informaat protection provisions and make recommendations for implementation.
Contact:
W. E. Campbell, Jr., SD 8 0 02 2 90@p 443-5913 Rec'd Off. EDO
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Date.. !. r l:.N ~ '"
i 4
The Commissioners 2
4)
The awareness of the organizations that are subject to the non-discrinination provisions that these provisions are applicable to such o'ganizations.
5)
The awarsness of employee,s that a remedy for specific types of discrimination is available through the Department of Labor.
Alternatives:
Five alternatives are provided for Commission consideration.
These alternatives are:
1)
Do not take any action, including NRC rulemaking, to implement the new Section 10 but rely on rulemaking by the agency respon-sible for the implementation of Section 10, i.e., Department of Labor (DOL).
2)
Issue a joint NRC/ Department of Labor " Memorandum of Understanding" announcing that the forms of discrimination identified in Section 10 are prohibited and identify the procedure for remedy in the event that an employee believes that he/she has experienced such discrim-ination but rely on rulemaking by DOL.2 3)
Issue a proposed NRC rule applicable to licensees, permittees, applicants, contractors and subcontractors to revise each currently effective licensing Part of Title 10, Chapter I (i.e., 30, 40, 50, 70, and 71), to (a) prohibit the forms of discrimination iden-tified in Section 10, and (b) state that complaints alleging such discrimination should be filed with the Secretary of Labor within 30 days of the alleged discrimination.
4)
Issue a proposed rule based on the Atomic Energy Act of 1954, as amended, applicable only to licensees, permittees, and applicants to revise each currently effective licensing Part of Title 10, Chapter I (i.e., 30, 40, 50, 70 and 71) to prohibit acts of discrimination against workers who provide information to NRC.a 5)
Include within the proposed rule in Alternative 3 or 4 a require-ment that specific types of licensees and applicants post notice relating to the prohibition of discrimination and procedures for remedy.
2This " Memorandum of Understanding" would be noticed in the Federal Register, distributed widely by ADM and would request that public comments be submitted within 60 days of publication.
As a Memorandum of Understanding it would be published as a portion of the " loose leaf" NRC Rules and Regulations.
3Information, when applied to NRC, means any 1) information relating to a worker's radiological working conditions, 2) information relating to radiological, safety, or security matters that could affect the public health and safety or common defense and security but may not affect the worker's own radiological working conditions, and
- 3) anti-trust matters.
4 The Commissioners 3
In addition to these five alternatives there is a variation of Alter-native 3 and a variation of Alternative 4 that the staff considered.
Both relate to the method of placing the desired material in the regulations.
Alternative 3 and 4 above place the general material and material applicable to specific types of licensees in each Part as appropriate.
Under the variations the material that is applicable to specific types of licensees would be placed in the appropriate Part and the material that is generally applicable to all licensees, appli-cants, contractors and subcontractors would be placed in a different location.
The staff believes that the advantages to the licensee are in favor of placing the general material in each Part, that is Altern-ative 3 and 4.
If such approach is used a licensee will only need to refer to the Part pursuant to which the licensee is requested to become aware of the NRC regulations concerning employee protection.
Discussion:
On September 17, 1973, 10 CFR Part 19 (38 FR 22217) became effective.
The basic purpose of that Part was
"...to provide options to workers concerning inspections of working conditions..." and that part
"... permits the worker to bring occupational radiological protection matters..." to the attention of NRC.
Further, 10 CFR 19.16(c) prohibits any manner of discrimination by a licensee against any worker because such worker had, among other things, instituted any proceeding under the regulations in this chapter (underscore added) and 9 19.30 provides that a civil penalty may be imposed on a licensee for violation of this regulation.
However, 10 CFR 19.16(c) falls within,10 CFR Part 19 which focuses on radiological working conditions, and therefore does not apply to employees of construction permittees, or employees of applicants who are not yet licensees or employees of nonlicensees such as contrac-tors.
10 CFR 19.16(c) does not provide for any remedy to the worker, e.g., reinstatement, payment of lost wages or attorney fees.
On November 6, 1978, Public Law 95-601 became law.
It includes a Section 10 on Employee Protection that is "substantially identical to provisions in the Clean Air Act and the Federal Water Pollution Control Act."4 The new section prohibits specific discriminatory acts by licensee-employers and nonlicensee employers and "provides the Depart-ment of Labor with new authority to investigate an alleged act of discrimination... and to afford a remedy should the allegation prove true...."s This new authority is "not intended to in any way abridge the Commission's current authority to investigate an alleged discrimi-nation and take aopropriate action against..." a Commission licensee-employer or applicant-employer.8 It should be noted that the authority under the new Section 10 is broader than the authority under the Atomic Energy Act in that Section 10 is applicable not only to a licensee /
- Senate report No.95-848 p. 29.
sCongressional Record - Senate, September 18, 1978, p. S-15318.
8 Ibid.
4 The Commissioners 4
applicant but also is applicable to "...a contractor or a subcontractor of a Commission licensee.
" and it provides for the possible prescrip-tion of various remedies through the Department of Labor.
At the same time the new Section 10 is narrower than the authority under the Atomic Energy Act in that it does not provide for a penalty against the organ-ization discriminating.
The new Section 10 appears to be based on presumptions that the safety of regulated facilities and activities will be enhanced if discrimination against individuals who provide information to NRC is minimized and if procedures for remedy in the event of discrimination are available and utilized since more informa-tion will be available to NRC.
In addition to the Clean Air Act and the Federal Water Pollution Control Act, other Public Laws listed in Enclosure 3 have provisions relating to employee protection that involve the Department of Labor.
To date neither of the agencies responsible for the technical implementation of the Federal Water Pollution Control Act, Safe Drinking Water Act, Toxic Substance Control Act, Solid Waste Disposal Act or International Safe Container Act, i.e., EPA, DOT, have published either a proposed or final rule relating to employee protection.
The agency responsible for the implementation of the employee protection provisions, i.e.,
Department of Labor (DOL), intends to issue in the near future proposed regulations based on the various statutes that contain such provisions.
This lack of final rules by 00L or NRC has not been a bar to proceedings under the new Section 10.
NRC has referred some cases to the 00L and in at least one case DOL has made a finding which ordered the licensee to accomplish specific remedies.
Alternative 1:
Do not take any action, including NRC rule making, to implement the new Section 10 but rely on rulemaking by the agency res-ponsible for the implementation of Section 10, i.e., Department of Labor.
Pro: 1.
This method of implementation would be the lowest cost method of implementation, to NRC.
Con: 1.
NRC action will not directly provide guidance to the employee, who may be in need of guidance, concerning procedures to seek a remedy to discrimination.
2.
NRC action will not ensure that each appropriate organization, including present and future licensees, is aware that certain forms of discrimination are prohibited.
3.
NRC action will not ensure that the advocate of the employee, e.g., union, is aware of procedures to seek a remedy for those who have suffered discrimination.
Resource estimate:
No NRC resources required.
The Commissioners 5
Alternative 2:
Issue a joint NRC/ Department of Labor " Memorandum of Understanding" based on Enclosure 4 announcing that the forms of dis-crimination identified in Section 10 are prohibited and identify the procedure for remedy in the event that an employee believes that he/she has experienced such discrimination but rely on rulemaking by DOL.7 Pro: 1.
This alternative can, with minimal NRC resources, provide to the employee's advocate, e.g., union, guidance concerning the procedure to seek a remedy.
Advocates have in the past provided and in the future may provide assistance to employees.
2.
This alternative and Alternatives 3 can make a large number of organizations subject to the new Section 10 aware that it is applicable to them.
3.
The alternative would in a short period of time distribute widely and make available for public comment the current NRC/00L policy in regard to " employee protection."
Con: 1.
Since " employers" is a broad class of persons, including nonlicensees, neither this altern*+ ~
nor Alternative 3 is able to make them all aware that t
,on 10 is applicable to them.
Resource estimate:
ELD estimates that the preparation of the Memorandum of Understanding will require both ELO and IE per-sonnel part time during a five month period, i.e.,
2 person-months.
Alternative 3:
Issue a proposed rule applicable to licensees, permit-tees, applicants, contractors and subcontractors to revise each cur-rently effective licensing Part of Title 10, Chapter I (i.e., 30, 40, 50, 70, and 71) to (a) prohibit the forms of discrimination identified in Section 10, and (b) state that complaints alleging such discrimina-tion should be filed with the Secretary of Labor within 30 days of the alleged discrimination.
Pro: 1.
This alternative, by means of codification in the Federal Register, will ensure that information is available to inform present and future licensees that certain forms of discrimina-tion are prohibited.
2.
This alternative would give a clear opportunity for public comment.
7This Memorandum of Understanding would be noticed in the Federal Register, distributed widely by ADM and the Federal Register would request that public comments be submitted within 60 days of publication.
As a Memorandum of Understanding it would be published as a portion of the " loose leaf" NRC Rules and Regulations.
The Commissioners 6
Con: 1.
Since employees in general do not read Title 10, Chapter I, this alternative would not make all employees aware that (a) certain forms of discrimination are prohibited, and (b) pro-cedures for remedy in the event of discrimination exist.
2.
This alternative would result in the development of a rule when none is required by Public Law 95-601.8 Resource estimate:
SD estimates that the preparation of the final rule will require personnel from ELD and the Program Offices during a nine month period; i.e.,
5 person-months.
Alternative 4:
Issue a proposed rule based on the Atomic Energy Act of 1954, as amended, applicable only to licensees, permittees, and applicants to revise each currently effective licensing Part of Title 10, Chapter I (i.e., 30, 40, 50, 70 and 71), to prohibit acts of discrimina-tion against workers who provide information to NRC.9 Pro: (1) Would make NRC regulations more consistent by extending the present prohibition against discrimination in 9 19.16(c) to include discrimination against those who provide some types of information other than information related to radio-logical working conditions.
(2) Would provide a regulatory basis for NRC inspection assistance to DOL, if appropriate.
(3) May further discourage discrimination by providing for an NRC penalty that could be impose ' on licensees, permittees, and applicants in addition to the DOL imposed remedy for certain violations.
Con: (1) The licensees may be subjected to essentially duplicative enforcement proceedings before DOL and NRC.
(2) The new Section 10 is self implementing and no NRC action is required to provide any remedy.10 8See NRC staff Brief Opposing Exceptions to Initial Decisions, p. 26, in the proceeding before the Atomic Safety and Licensing Appeal Board in the matter of Union Electric Company (Callaway Plant - CPPR 139/140), December 12, 1978.
- Enclosure 5 to SECY 78-308 of June 9, 1978, " Legal Authority for Protection of Individuals," which was prepared by OELD, provides a review of the statutory authority that predated Section 10 of Public Law 95-601.
100p. cit. staff brief.
The Commissioners 7
Resource estimate:
Rulemaking under Alternative 4 will require five (5) person-months during a nine month period.
If Alternative 4 is combined with Alternative 3 the resource estimates for the combination will be one (1) person-month greater due to the added complexity of the rule, i.e.,
penalty provisions applicable to applicants, permittees, and licensees.
Alternative 5:
Include within the proposed rule in Alternative 3 or 4 a requirement that specific types of licensees and applicants post notice relating to the prohibition of discrimination and procedures for remedy.
(Posting would be accomplished in a manner similar to Enclosure 5.)
Pro: 1.
This alternative, by means of codification in the Federal Register, will ensure that present and future licensees are aware that certain forms of discrimination are prohibited.
2.
This alternative can directly make a limited number of employees aware that certain forms of discrimination are prohibited and that procedures for remedy in the event of discrimination are available.
3.
This alternative would give a clear opportunity for public comment.
Con: 1.
Since employees in general do not read Title 10, Chapter I, and some do not read posted notices this alternative would not inform all employees that (a) certain forms of discrimi-nation are prohibited, and (b) procedures for remedy in the event of discrimination exist.
2.
This alternative would result in the development of a rule when none is required by Public Law 95-601.11 Resource estimate:
The SD estimate for preparation of the final rule will increase from that stated under Alternative 3 and 4 by two (2) person-months due to the added complexity of the rule, i.e., new posting requirements.
In addition ADM estimates the cost of preparation and distrildtion of a revision to NRC Form 3 is $3500/ year.
IE estimates resources to accomplish inspection of the new posting require-ments (applicants and permittees) will require 1 person-month per year on a continuing basis.
These resources are currently available within the present budget limitations.
Il0p. cit. Staf f Brief.
The Commissioners 8
Recommendation:
That the Commission:
1)
Approve:
a)
Preparation of a joint NRC/ DOL Memorandum of Understanding to implement Alternative 2, and b)
Publication in the Federal Register of a notice of proposed rulemaking (Enclosure 5) to implement Alternatives 4 and 5.
This notice would extend the current prohibition of discrim-ination to include applicants and permittees; announce the new statutory prohibition of discrimination by licensees, permittees, applicants, contractors and subcontractors; identify the remedies available through the Department of Labor in the event discrimination occurs; require some licensees, permittees, and applicants to post information concerning discrimination and remedy and allow NRC to take enforcement action against licensees, permittees, and appli-cants for discriminating acts.
2)
Note:
a)
The resource estimate for the staff recommendation is eight (8) person-months over a 9-month period for the rulemaking, an annual printing and distribution cost of $3500, a one-time cost for the preparation of the Memorandum of Understanding of 2 person-months, and a continuing resource cost of 1 person-month per year for additional inspections.
b)
The Memorandum of Understanding (MOU) will be prepared by the Office of the Executive Legal Director in coordination with IE.
NRC staff has held preliminary discussions with DOL staff concerning MOU development.
The MOV will be coordinated with DOL by the NRC Office of the Executive Legal Director.
c)
The Memorandum of Understanding and the Federal Register notice will be distributed by ADM to licensees, permittees, and applicants and categories defined in NRC Manual Appendix 3203 as public interest groups, labor organiza-tions, service organizations, and directors of Agreement State radiation control programs.
d)
A public announcement such as Enclosure 7, which was prepared by the Office of Public Affairs, will be issued when the Federal Register notice is filed with the Office of the Federal Register.
In addition, a public announcement will be prepared by the Office of Public Affairs prior to filing the Memorandum of Understanding with the Office of the Federal Register.
The Commissioners 9
e)
The Subcommittee on Energy and the Environment of the House Committee on Interior and Insular Affairs, the Subcommittee on Energy and Power of the House Committee on Interstate and Foreign Commerce, the Subcommittee on Environment, Energy and Natural Resources of the House Committee on Government Operations, and the Subcommittee on Nuclear Regulation of the Senate Committee on Environment and Public Works will be informed by letter such as Enclosure 8.
f)
The proposed action will result in no additional reporting burden on the public or NRC unless there are alleged acts of discrimination, g)
No environmental impact statement, negative declaration, or environmental impact appraisal need be prepared in connection with the amendments because the action taken by the amend-ments will not significantly affect the quality of the human environment.
Coordination:
The Directors of the Offices of Nuclear Reactor Regulation, Inspection and Enforcement, Nuclear Material Safety and Safeguards, and State Programs concur in the recommendation.
ADM has no comments.
ELD has no legal objection.
The Director of PE has no comments.
Minor com-ments from the Office of the General Counsel in regard to the (a) the scope of the Memorandum of Understanding and (b) tiae applicability of this amendment to applicants and permittees were submitted orally and have been resolved.
7 /
/l..
u Robert B. Minogue, Director Office of Standards Development
Enclosures:
See page 10
The Commissioners 10
Enclosures:
1.
Public Law 95-601 Section 10
" Employee Protection" 2.
OELD Summary of Provisions of Section 10 3.
List of Public Laws that have Employee Protection provisions involving DOL 4.
Notes related to " Memorandum of Understanding" between NRC and 00L regarding Employee Protection 5.
NRC Form 3 Prepared Revision 5/79 6.
Draft Federal Register Notice of Proposed Rulemaking 7.
Draft Public Announcement 8.
Draft Congressional letter Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Friday, January 4,1980.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT December 26, 1979, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
This paper is tentatively scheduled for affinnation at an Open Meeting during the Week of January 14, 1980.
Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.
DISTRICUTION Commissiuners Commission Staff Offices Exec Dir for Operations ACRS ASLBP ASLAP Secretariat
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ENCLOSURE 1
PUBLIC LAW 95-601-NOV. 6.1978 92 STAT. 2947 Public Law 95-601 95th Congress An Act E' A I"8 To authorize appropriations to tlae Nuclear Regulatory Commission for f cal year IM. t.nd for other purposes.
ii 25M) lie it enactol by the &nate and livuse of [hpusentatires of the
% clear UnitedStata of.1merica in Cong css assembled.
Regulatorv Src.10. Title II uf the Energy Heorganization Act of IDM. as commman.
amended, is amended by adding at tha end thereof a new section to Appropoatmn authonranon.
read as follows:
"EM r!AYEE rDoTECrloN 42 t SC 5831.
"Src. 910. (a) h~o employer, incimhne a Comminion licensee, an npplicant for a Commisnon license.or a contractor or a subcontractor of a Commision licensee or applicant. may discharge any employee or otherwi-e di-criminate against any employee with re pect to his com.
pensatimi terms condition. or privileges of employment because the employee (or any person acting pursuant to a request of the emplovce)-
~"(1) commenced. caueed to he commenced, or is about to com-mence or can e to he cononenced a Inweedine under this Act or the Atomic Energy Act of 1954. as amended. or a proceeding 42 t'SC 20ll for the adtnini-t ration or enforcement of any requirernent imposed n6te.
nnder thia Act or the Atomic Enciev Act of 10.31. as amended:
"(2) te-tified or is about to re-tiflv in any uch proceeding or:
"(3) asisted or participated or is about to as3ist or participate in any manner in -nch a proceeding or in any other manner in neh a proceedme or m any other action to carry out the purposes of thi Act or the Atomic Encrev Act of 10~.1, as amended.
"(h)(1) Any emplovec who heliev'es that he has been discharged ComNaint. 6hng or otherwi e di-cronimited acain-t by any person in violation of sub and nonncata,n.
section (a) mav within thistv davs after such violation occurs, file (or have any pe'ison file on hiibcha'IfI a complaint with the Secretary of Labor (hereinafter in thia sub ection referred to as the ' Secretary')
alleging such di-charge or discrimination. I'pon receipt of such a com-plaint the Secretary shall notify the person named m the complaint of the filine of the complaint and the comminion.
"(2)( A) l*pon receipt of n complaint filed under paractnph (1). Investiganon and the Secretary shall "mduct an inte tication of the violation alleged nouGcanon.
in the complaint. Within thitty days of the receipt of Such complaint.
the Secretarv hall complete such invectication and shall notify in writing the complainant t and any per on acting in his behalf) and the person alleced to have committeil such violation of the results of the order.
investigation conducted pursuant to this subparagraph. Within ninety days of the receipt of such complaint the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into hv the Secretary and the person-
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alleged to have committed such violation, is3ue an order either pro-vidmg the relief prescribed by subparneraph ( B) or denying the com-plaint. An order of the Secretary shall be made on the record after weice and notice and op[nntonity for public hearine, The Sectvtary may not heanns.
enter into a -ettlement' terminating a proceeding on a complaint'with Sentem nt.
out the participation and consent of the complainant.
"(B) If, in response to a complaint filed under paragraph (1), the nehet Seere arv determines that a s iolation of sub-eetion (a) ha-occurred.
the Secrhtary 3 hall oider the per-on who conunitted Heh eiolation to (i) take allis mat ne action to abate the violation and (ii) reinstate the to h' former po-ition together with the compensation complainant i
(including back pay), term. conditions, and privileges of his employ-ment. and the Secretary mav onter och per-on to provide emnpen3a-tory damace< to the compi'ainant. If an order is i< sued under this paragraph, the Secteraty, at the reque. t of the complamant -hall assess aeainst the per-on aeainst nhom the order i-i-ned a som equal to the aggiegate amount of all co-t* and expen-es (meinding attorney.- and expert witne* fee-) rea-onably incurted, a3 deterinined by Ihe.Nere-tary.by the complamant for.or in connection with.the hringing of the ne%l complaint upon u hich the mde n
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"te)(1) Any per-on ailser-elv affected or ageries ed by an order i-sued m, der subsection (b) may obtain review of the on!er in the 1*nited State-coint of appeal-for t he circuit in which the violation, with re pect to which t he onter was i--ned, allecedly occurred. The petition for review mus be tiled within <isty day-fr on the issuance of the Secretaryi onter.1:eview chall conform to chapter 7 of title 5 5 LsC 701 er sey of the l'nited States Code. The conunencement of proceedbgs under thi4 subparacraph 3 hall not. unle-s onlered by the court, operate as a
- .tay of the 8ceretaryi order.
-(2) An order of the occterarv nith re-pect to which review could have been obtained umler paragia ph (l n 3 hall not be -ubject to judicial review in any criminal or ot her civil pnn ceding.
Jun, diction.
1d) WhJneter a person ha< failed to compiv 'vith an order issued under -ub ection tii)(2), the 8ecretary may tiIe a civil action in the 1*nited plates district coun t for the district in which the violation was found to occur to enforce -uch order. In actions broucht under this hsection. the di-t rict emirt-3 hall have jurisdiction to grant all appro-pri.,a relief incluiline. but not limited to. injunctive relief, compensa-tory. and exemplary damages.
- (e)(1) Anv pei>on on who-o behalf an order was issued under paragraph (2)' of -ub-ection (b) may commence a civil action against the person to whom such onter was issued to require compliance with such order. The appropriate L'nited States district court shall have juri-diction. without reganl to rhe amount in cont roversy or the citizen ~
ship oi t he parties.to enforce such order.
Laigatise costa.
"(2) The court,in i-suing any final order under this subsection, may award costs of litigation tincluding rea3onable attorney and expert witness fee-) to any party whenever the court determines 3uch awant is appropriate.
"(f) Anv nondiscretionary duty impo<ed by this rection shall be enfon eabh: in a mandamus 1 rocecIling brought under section 1361 of 5
title 2 of the l~nited States Code.
N g). bection (a) 3 hall not apply with re-pect to any employee who, acting without direction from his or her employer (or ihe einploy-er'3 agent ), deliberately can-es a violation of any regi,iirement of thk Art or of the Atomic Energy Act of 19.M. a< amended.
Approved November 6,1978.
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LEGISLATIVE Ilic" N pt. I and pt.11. accompanying II.R.12355 (Comm. on HOUSE REPOR"i. '.,,.
d-nuerior aw untar Affairs and Comm. on Interstate and Forei n 6
Ommerce) ana M 95-17% (Comm. of Conference).
SEN ATE REPORT N.95-848 (Comm. e Enuronment and Public Works).
CONGRESSION AL RZCORD. Vol. 124(1978):
Sept.18. considered and passed Senate.
Oct. 3. 4. H.R.12355 considered and passed flouse: passage vacated and 5.2584, amended. passed in heu.
Oct.14. Ilouse agreed to conference report.
Oct.15. Senate agreed to conference report.
WEEKL) CO\\lPILtTION OF PRESIDENTI AL DOCUMENTb. '!al.14. N3. 45:
Sov. 8. Presidennal statement.
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ENGLOSURE 2
A
SUMMARY
OF PUBLIC LAW 95-601 SECTION 10 " EMPLOYEE PROTECTION (92 Stat. 2951)
This section adds to Title II of the Energy Reorganization Act, as amended, a new Section fl0 entitled " Employee Protection."1 This provision estab-lishes a framework for the direct protection of employees of NRC licensees, permittees, applicants, contractors and subcontractors of Commission licensees or applicants, and others who assist or participate in any proceeding under the Energy Reorganization Act of 1974 or the Atomic Energy Act of 1954, or assist or participate in any other action to carry out the purposes of these Acts.
The provision would protect these employees from reprisals by their employers in connection with such assistance or participation.
An employee against whom reprisals have been taken by his employer may seek redress through an administrative proceeding in the Department of Labor.
The Department could order reinstatement of the employee, back pay, compen-satory damages, and assess cost of the proceeding against the employer.
Review of the outcome of the administrative proceeding may be had in the United States Court of Appeals for the Circuit in which the violations is alleged to have occurred.
The Secretary of Labor and the employee himself may enforce any order resulting from the administrative proceeding in an action in the appropriate United States District Court.
The Court is granted authority to award litigation costs including reasonable attorney and expert witness fees in such enforcement proceedings.
This section thus provides explicit authority for the protection of workers who disclose information to the Commission by providing.a mechanism for the Department of Labor to investigate charges of discrimination against such employees, and a remedy of such discrimination has in fact occurred.
T ere are now two 6210 of the Energy Reorganization Act as amended.
The h
irst is titled " Unresolved Safety Issues Plan" and it was added by Section 3 of Public Law 95-209 (91 Stat. 1481) the Nuclear Regulatory Commission FY78 Authorization Act.
1
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..cvxa ENCLOSURE 3 4
fi:m
PUBLIC LAWS THAT HA'.
EMPLOYEE PROTECTION PROVISIONS I'dOLVING 0.0.L.
Implementation of Public Law Regulatory Provisions Employee Protection Fair Labor Standards Act of 1938 Dept. of Labor Dept. of Labor P. L. 718 S15(a)(3) 29 U.S.C. 215(a)(3) 52 Stat. 1060 Occupational Safety and Health Dept. of Labor Dept. of Labor Act of 1970 Occupational Safety Occupational Safety P. L.91-596 S11(c) and Health Admin.
and Health Adm.
29 U.S.C. 660(a) 29 CFR S1977 84 Stat. 1603 Longshoremen's and Harbor Workers' Dept. of Labor Dept. of Labor Corapensation Act Amendments of 1972 P. L.92-576 S19 33 U.S.C.'948a 86 Stat. 1251 Federal Water Pollution Control Environmental Prot.
Dept. of Labor Act Amendments of 1972 Agency Employment f
P. L.92-500 9 507(a)-(e)
Standards 33 USC 1367 Adm. (ESA) 86 Stat. 890 Safe Drinking Water Act (1974)
Environmental Prot.
Dept. of Labor P. L.93-523 91450(i)(1)-(6)
Agency Employment 42 U.S.C. 300j - 9(i)
Standards 88 Stat. 1692 Adm. (ESA)
Toxic Substances Control Act (1976)
EnvfronmenYaiProf.
' Dept. of Labor P. L.94-469 S23(a)-(e)
Agency Employment 15 U.S.C. 2622 Standards 90 Stat. 2004 Adm. (ESA)
Resource Conservation and Environmental Prot.
Dept. of Labor Recovery Act of 19761 Agency Employment P. L.94-580 67001(a)-(e)
Standards 42 U.S.C. 6971 Adm. (ESA) 90 Stat. 2824 1This may be cited as the Solid Waste Disposal Act.
1 Enclosure "3"
7 Implementation of Public Law Regulatory Provisions Employee Protection Clean Air Act Amendments of 19772 Environmental Prot.
Dept. of Labor P. L. 95-95 g312 Agency Employment 42 U.S.C. 7622 Standards 91 Stat. 783 Adm. (ESA)
Federal Mine Safety and Health Dept. of Labor Dept. of Labor Act of 19773 Dept. of Health, Federal Mine Safety P. L.95-164 S105(c)(1)
Education & Welfare and Health Review 30 U.S.C. 815 Comm.
91 Stat. 1304 29 CFR Part 2700-Interim Rules of Procedure (43 FR 10320) March 10, 1978 Proposed Rules of Procedure (43 FR 50712) Oct. 31, 1978 International Safe Container Act Dept. of Trans-Dept. of Labor P. L.95-208 S7(a)-(c) portation Employment 46 U.S.C. 1506 Standards 91 Stat. 1479 Adm. (ESA)
National Labor Relations Act P. L. ?
6 8(a)(4) 29 U.S.C. 158(a)(4)
-- Stat.
2 Amends Clean Air Act, P. L.91-604 3 Amends Federal Coal Mine Health and Safety Act of 1969, P. L.91-173 e.~-
2 Enclosure "3"
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NOTES RELATING TO MEMORANDUM OF UNDERSTANDING BETWEEN NRC AND 00L REGARDING EMPLOYEE PROTECTION The NRC staff considers it appropriate that a Memorandum of Understanding (MOU) be entered into with Department of Labor (DOL) to implement the employee protec-tion provisions of Public Law 95-601, section 10.
Such an MOU would facilitate implementation of the statutory mandate to both agencies by delineating respon-sibilities and establishing areas of interaction.
The NRC staff is prepared to proceed to drafting such an MOV and then present-ing it to DOL as a working draft.
Generally, the MOV would follow the format of other interagency agreements.
It should contain provisions covering the following:
1.
An abstract of applicable statutory authorities, delineation of respective responsibilities, and roles, and agreement to cooperate as necessary to investigate and remedy instances of discrimination against employees as a result of activities covered by the Emolayee Protection section of Pub. L.95-601.
2.
Agreement as to exchange of information received and obtained at all phases of implementation.
3.
Agreement to cooperate in gaining access to facilities, employees, and other personnel.
4.
Agreement to exchange witnesses when necessary to agency proceedings.
5.
Agreement that the record in one agenc; proceeding may be used by the other as appropriate.
It is not contemplated that separate proceedings would be consolidated.
6.
Provide for designation of appropriate staff representative and further working arrangements.
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ENCLOSURE 6
NUCLEAR REGULATORY COMMISSION
[10 CFR Parts 19, 30, 40, 50, 70, 71, 150]
PROTECTION OF EMPLOYEES WHO PROVIDE INFORMATION AGENCY:
U.S. Nuclear Regulatory Commission.
ACTION:
Proposed rule.
SUMMARY
The Nuclear Regulatory Commission is considering amending its regulations in regard to protection for employees who provide information to the Commission.
These amendments would (1) change the types of informa-tion to include not only information on radiological working conditions but also information on anti-trust, safety, and security matters, (2) make the employee protection provisions applicable not only to licensees but also to permittees, applicants, and their contractors and subcontractors, (3) make employers aware that discrimination against employees who provide such information to the Commission is prohibited (4) make employees aware that, if such discrimination is believed to have occurred, a recourse for remedy is available through the Department of Labor, and (5) require posting on premises of licensees, permittees, and applicants of explara-tory material relating to the prohibition and remedy.
DATE:
Comments should be submitted [60 day, after notice in the FEDERAL REGISTER]
ADDRESSES:
Written comments or suggestions woncerning the proposed amend-ment should be mailed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, Attention:
Docketing and 1
Service Branch.
Copies of comments received may be examined at the Commis-sion's Public Document Room, 1717 H Street NW., Washington, D.C.
FOR FURTHER INFORMATION CONTACT:
Mr. W. E. Campbell, Jr., Office of Standards Development, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555.
(301-443-5913)
SUPPLEMENTARY INFORMATION:
Section 10 of Public Law 95-601 amended the Energy Reorganization Act of 1974, as amended, by anding a new 9 210,
" Employee Protection." This new section identifies specific acts of employees as protected activities and prohibits employers from discrim-inating against employees who engage in those activities, provides the Department of Labor with new authority to investigate an alleged act of such discrimination, and provides a remedy to the discrimination by means of an administrative proceeding in the Department of Labor.
This new author-ity of the Department does not in any way abridge the Commission's preexist-ing authority under Section 161 of the Atomic Energy Act to investigate an alleged discriminatinn and take appropriate action, for example withholding of a license, suspension of a license, or imposing a civil penalty.
The Nuclear Regulatory Commission and its predecessor the Atomic Energy Commission have proinulgated some regult -
s that address the sub-ject of workers who provide information to NRC, e.g., 10 CFR 19.16(c), and posting requirements, e.g., 10 CFR 19.11(c).
Paragraph 19.16(c) is of limited scope and since it pertains to radiological working conditions it is applicable only to licensees.
Paragraph 19.11(c) is also of limited 2
scope in that it relates the posting requirements to radiation areas.
NRC is considering whether a more comprehensive regulatory program for protection should be developed by it to complement the D0L program.
D0L intends to publish proposed rules for its program this calendar year.
Accordingly, the Commission proposes to amend the regulations not only to announce the prohibition of discrimination of the type described above and to announce the availability thru the Department of Labor of a remedy for employees who believe they have been discriminated against but also to require posting by specific types of licensees, permittees and applicants of explanatory material concerning the prohibition and remedy.t In addition, the Commission proposes to delete 10 CFR 19.16(c) but at the same time to amend Part 19 by the addition of 10 CFR 19.20.
This new para-graph, when combined with propued changes to Parts 30, 40, 50, 70, and 71 will extend the current prohibitici of discrimination against workers, who provide information concerning radiological working conditions to NRC, to include employees who provide information relating to radiological health protection matters, safeguard matters that could affect the public health and safety or common defense and security or anti-trust matters.
Title 10, Chapter I contains provisions in various Parts, for example paragraph 40.25(e), to exempt specific categories of " general licensees" from the requirements of 10 CFR Part 19.
This exemption is based on the nature of the licensed activity.
On the basis of this exemption these TCopies of the material to be posted, NRC Form 3 (Proposed Revision 5/79) may be obtained by writing the Office of Administration, Document Management Branch, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555.
3
general licensees are not required to post a copy of the current NRC Form 3.
The proposed amendments continue this exemption for all general licensees except the general licensee carrier of special nuclear material (10 CFR 70.20a).
Title 10, Chapter I contains provisions, in Parts 30, 40, 50, 70, 71, and 150, for example SS 30.61 and 30.63, that allow orders to be issued to suspend or revoke a license or to impose a civil penalty for violation of, or failure to observe, the terms and provisions of rules, regulations or orders of the Commission.
The amending of the regulations ba ed on the Atomic Energy Act, as amended, to prohibit specific discriminatory acts by licensees, permittees, and applicants will clarify the imposition of various enforcement orders in the event that licensees, permittees, or applicants engage in the specified types of discriminatory acts.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and section 553 of title 5 of the United States Code, notice is hereby given that adoption of the following amendments to 10 CFR Parts 19, 30, 40, 50, 70, 71, and 150, is contem-plated.
All interested persons who wish to submit comments or suggestions in connection with the proposed amendments should send them to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.
Attention:
Docketing and Service Branch by [60 days after notice in the Federal Register].
Copies of the comments received may be examined in the Commission's Public Document Room at 1717 H Street NW., Washington, D.C.
1.
The table of contents for Part 19 is amended to add "19.20 Employee Protection." immediately prior to "19.30 Violations.".
4
2.
10 CFR 19.11(c) is amended to read as follows:
" Form NRC - 3, " Notice to Employees," shall be posted by each licensee as required by Part 30, 40, 50, 70, and 71.
[wherever-individuais work-in-er-frequent-any pertion-of-a restricted-area N0fE---6epies of-Form-NRE-3-may-be-obtained-by-writing--to the-Birector-of-the-appropriate-U:S -Naciear-Reguistory-Eemmission Inspectien-and-Enforcement-Regionai-effice-listed-in-Appendix uBu; P a rt o f-t hi s - c h a p t e r-- e r-t h e-Bi r e c to r-- O f f i c e-e f-i n s p e c ti o n and-Enforcement--U:S:-Neciear-Regulatory-Eemmission--Washington--8:6:
20555:]"
3.
10 CFR 19.16 paragraph (c) is deleted.
[uNo-ficensee-shafi-discharge or-in-any-manner-discriminste-against-any-werker-because-such-worker-has-filed any-cempiaint-or-instituted-or-caused-to-be-instituted-any proceeding-ender the-regulations-in-this-chapter-or-has-testified-er-is-about-to-testify-in-any such proceeding or-because-of-the exercise-by-such-worker-en-behalf of-himself or-others-of-any-eption afforded-by-thisr ]
u 4.
A new 19.20 is added to read as follows:
"S19.20 Employee Protection.
Discrimination by a licensee, or a contractor or subcontractor of a licensee against an employee for engaging in certain activ-ities that are protected activities under this part or Part 30, 40, 50, 70, or 71 is prohibited."
5
5.
The table of contents for Part 30 is amended to add "30.7 Employee protection." immediately prior to the heading " Exemptions.".
6.
A new 30.7 is added to read as follows:
" Employee protection.
(a) Discrimination, including discharge of an employee by a Commis-sion licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant, against an employee for engaging in certain protected activities is prohibited.
These protected activities are:
(1) providing to the Commission (a) information about possible violations of requirements imposed under the Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act of 1974, as amended; or (b) information furthering the purposes of such Acts or (2) requesting the Commission to institute action against his or her employer for the administration or enforcement of such requirements or (3) testifying in any Commission proceeding.
Such activities are protected even if no formal proceeding is actually initiated as a result of the employee assis-tance or participation.
(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in the above protected activities may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor.
Such administrative proceeding must be initiated within thirty days after such alleged violation occurs by filing with the Department of Labor a com-plaint alleging such violation.
The Department may order reinstatement, back pay, and compensatory damages.
6
(c) A violation of paragraph (a) by a licensee of the Commission may be grounds for revocation or suspension of the license or imposition of a civil penalty.
A violation of paragraph (a) by an applicant for a Commis-sion license may be grounds for denial of the license or imposition of a civil penalty.
(d)
Form NRC-3 (Rev ?? or later)* " Notice to Employees" shall be posted on the premises of each licensee and each apolicant to inform employees (1) that certain activities by them are protected activities, (2) that discrimination by employers against individuals who engage in such protected activities is prohibited, and (3) that a remedy is avail-able in the event an employee believes such discrimination has occurred.
Posting shall be at locations sufficient to permit employees to observe a copy on the way to or from their place of work.
Premises shall be posted not later than 30 days after an application is docketed and shall remain posted while the application is before the Commission and while licensed activities are being conducted.
NOTE:
Copies of Form NRC-3 may be obtained by writing to the Director of the appropriate U.S. Nuclear Regulatory Commission Inspection and Enforcement Regional Office listed in Appendix "D",
Part 20 of this chap-ter, or the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555.
(e) The general licenses provided in Parts 31 and 35 of this chapter are exempt from paragraph (d) of this section."
- A date will be inserted in the effective rule.
7
7.
The table of ccntents for Part 40 is amended to add "40.7 Employee protection." immediately prior to the heading " Exemptions.".
8.
A new 40.7 is added to read as follows:
" Employee protection.
(a) Discrimination, including discharge of an employee by a Commission licensee, an applicant for a Commission license, or a contractor or subcon-tractor of a Commission licensee or applicant, against an employee for engaging in certain protected activities is prohibited.
These protected activities are:
(1) providing to ;he Commission (a) information about possible violations of requirements imposed under the Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act of 1974, as amended; or (b) information furthering the purposes of such Acts or (2) requesting the Commission to institute action against his or her employer for the administration or enforcement of such requirement's or (3) testifying in any Commission proceeding.
Such activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.
(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in the above protected activities may seek a remedy for the discharge or discrimination tnrough an administrative proceeding in the Department of Labor.
Such administrative proceeding must be initiated within thirty days after such alleged violation occurs by filing with the Department of Labor a complaint 8
alleging such violation.
The Department may order reinstatement, back pay, and c'ompencatory damages.
(c) A violation of paragraph (a) by a licensee of the Commission may be grounds for revocation or suspension of the license or imposition of a civil penalty.
A violation of paragraph (a) by an applicant for a Commission license may be grounds for denial of the license or imposition of a civil penalty.
(d) Form NRC-3 (Rev ?? or later)* " Notice to Employees" shall be posted on the premises of each licensee and each applicant to inform employees (1) that certain activities by them are protected activities, (2) that discrimination by employers against individuals who engage in such protected activities is prohibited and (3) that a remedy is avail-able in the event an employee believes such discrimination has occurred.
Posting shall be at locations sufficient to permit employees to observe a copy on the way to or from their place of work.
Premises shall be posted not later than 30 days after an application is docketed and shall remain posted while the application is before the Commission and while licensed activities are being conducted.
NOTE:
Copies of Form NRC-3 may be obtained by writing to the Director of the appropriate U.S. Nuclear Regulatory Commission Inspection and Enforcement Regional Office listed in Appendix "D", Part 20 of this chapter, or the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555.
- A date will be inserted in the effective rule.
9
<~
(e) The general licenses provided in S6 40.21, 40.22, and 40.25 of this chapter are exempt from paragraph (d) of this section."
9.
The table of contents for Part 50 is amended to add "50.7 Employee protection." immediately prior to the heading " Requirement of License, Exceptions.".
10.
A new 50.7 is added to read as follows:
" Employee protection.
(a) Discrimination, including discharge of an employee by a Commission licensee, permittee, an applicant for a Commission license or permit, or a contractor or subcontractor of a Commission licensee, permittee, or appli-cant, against an employee for engaging in certain protected activities is prohibited.
These protected activities are:
(1) providing to the Commis-sion (a) information about possible violations of requirements imposed under the Atomic Energy Act of 1954, as amended, or the. Energy Reorganization Act of 1974, as amended; or (b) information furthering the purposes of such Acts or (2) requesting the Commission to institute action against his or her employer for tre administration or enforcement of such requirements or (3) testifying in any Commission proceeding.
Such activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.
(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in the above protected activities may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor.
Such administrative proceeding must be initiated within thirty days after such 10
alleged violation occurs by filing with the Department of Labor a complaint alleging such violation.
The Department may order reinstatement, back pay, and compensatory damages.
(c) A violation of paragraph (a) by a licensee or permittee of the Commission may be grounds for revocation or suspension of the license or permit or imposition of a civil penalty.
A violation of paragraph (a) by an applicant for a Commission license or permit may be grounds for imposi-tion of a civil penalty or for denial of the license or permit.
(d) Form NRC-3 (Rev ?? or later)* " Notice to Employees" shall be posted on the premises of each licensee, permittee, and each applicant to inform employees (1) that certain activities by them are protected activ-ities, (2) that discrimination by employers against individuals who engage in such protected activities is prohibited and (3) that a remedy is available in the event an employee believes such discrimination has occurred.
Post-ing shall be at locations sufficient to permit employees to observe a copy on the way to or from their place of work.
Premises shall be posted not later than 30 days after an application is docketed and shall remain posted while the application is before the Commission and while licensed activities are being conducted.
NOTE:
Copies of Form NRC-3 may be obtained by writing to the Director of the appropriate U.S. Nuclear Regulatory Commission Inspection and Enforcement Regional Office listed in Appendix "D",
Part 20 of this chapter, or the Directt. Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555."
- A date will be inserted in the effective rule.
11
6 11.
The table of contents for Part 70 is amended to add "70.7 Employee protection." immediately prior to the heading " Exemptions."
12.
A new 70.7 is added to read as follows:
" Employee protection.
(a) Discrimination, including discharge of an employee by a Commis-sion licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant, against an employee for engaging in certain protected activities is prohibited.
These protected activities are:
(1) previ-ag to the Commission (a) information about possible violations of requirements imposed under the Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act of 1974, as amended; or (b) information furthering the purposes of such Acts or (2) requesting the Commission to institute action against his or her employer for the admin-istration or enforcement of such requirements or (3) testifying in any Commission proceeding.
Such activities are protected even if no formal proceeding 1s actually initiated as a result of the employee assistance or participation.
(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in the above protected activities may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor.
Such administrative proceeding must be initiated within thirty days after such alleged violation occurs by filing with the Department of Labor a complaint alleging such violation.
The Department may order reinstatement, back pay, and compensatory damages.
12
(c) A violation of paragraph (a) by a licensee of the Commission may be grounds for revocation or suspension of the license or imposition of a civil penalty.
A violation of paragraph (a) by an applicant for a Commission license may be grounds for denial of the license or imposition of a civil penalty.
(d) Form NRC-3 (Rev ?? or later)* " Notice to Employees" shall be posted on the premises of each licensee and each applicant to inform employees (1) that certain activities by them are protected activities, (2) that discrimination by employers against individuals who engage in such protected activities is prohibited and (3) that a remedy is available in the event an employee believes such discrimination has occurred. Posting shall be at locations sufficient to permit employees to observe a copy on the way to or from their place of work.
Premises shall be posted not later than 30 days after an application is docketed and shall remain posted while the application is before the Commission and while licensed activities are being conducted.
NOTE:
Copies of Form NRC-3 may be obtained by writing to the Director of the appropriate U.S. Nuclear Regulatory Commission Inspection and Enforcement Regional Office listed in Appendix "D",
Part 20 of this chapter, or the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555.
(e) The general licenses provided in SS 70.19, and 70.20 are exempt from paragraph (d) of this section."
- A date will be inserted in the effective rule.
13
13.
In S 70.20a paragraph (a), the last sentence is revised to read as follows:
"70.20a General license to possess special nuclear material for transport.
The general licensee is subject to the applicable provisions of SS 70.7 (a),
(b), and (c); 70.32 (a) and (b), 70.42, 70.52, 70.55, 70.61, 70.62 and 70.71."
14.
The table of contents for Part 71 is amended to add "71.7 Employee protection." immediately prior to the heading " Exemptions."
15.
A 71.7 is added to read as follows:
t
" Employee pro: sction.
(a) Discrimination, including discharge of an employee by a Commission licensee, an applicant for a Commission license, or a contractor or subcon-tractor of a Commission licensee or applicant, against an employee for engaging in certain protected activities is prohibited.
These protected activities are:
(1) providing to the Commission (a) information about possible violations of requirements imposed under the Atcmic Energy Act of 1954, as amended, or the Energy Reorganization Act of 1974, as amended; or (b) information furthering the purposes of such Acts or (2) requesting the Commission to institute action against his or her employer for the administration or enforcement of such requirements or (3) testifying in any Commission pro-ceeding.
Such activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation.
(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in the above protected activities may seek a remedy for the discharge or discrimination 14
through an administrative proceeding in the Department of Labor.
Such administrative proceeding must be initiated within thirty days after such alleged violation occurs by fili 7g with the Department of Labor a complaint alleging such violation.
The Department may order reinstatement, back pay, and compensatory damages.
(c) A violation of paragraph (a) by a licensee of the Commission may be grounds for revocation or suspension of the license or imposition of a civil penalty.
A violation of paragraph (a) by an applicant for a Commission license may be grounds for denial of the license or imposition of a civil penalty.
(d) Form NRC-3 (Rev ?? or later)* " Notice to Employees" shall be posted on the premises of each licensee and each applicant to inform employees (1) that certain activities by them are protected activities, (2) that discrimination by employers against indiyiduals who engage in such protected activities is prohibited, and (3) that a remedy is available in the event an employee believes such discrimination has occurred.
Posting shall be at locations sufficient to permit employees to observe a copy on the way to or from their place of work.
Premises shall be posted not later than 30 days after an application is docketed and shall remain posted while the application is before the Commission and while licensed activities are being conducted.
NOTE:
Copies of Form NRC-3 may be obtained by writing to the Director of the appropriate U.S. Nuclear Regulatory Commission Inspection and
- A date will be inserted in the effective rule.
15
Enforcement Regional Office listed in Appendix "D",
Part 20 of this chapter, or the Director, Office of Inspection and Enforcement, U.S. Nuclear Regu-latory Commission, Washington, D.C.
20555."
16.
In 150.20 paragraph (b), the first sentence is revised to read as follows:
"150.20 Recognition of Agreement State Licenses.
(b) Notwithstanding any provision to the contrary in any specific license issued by an Agreement State to a person who engages in activities in a non-Agreement State under a general license provided in this section, the general license provided in this section is subject to the provisions of g6 30.7(a), (b), and (c), 30.14(d), 30.34, 30.41, and 30.51 to 30.63 inclusive of Part 30 of this chapter; $$ 40,- (a), (b) and (c), 40.41, 40.51, 40.61 to 40.63 inclusive, 40.71, and 40.81 of Part 40 of this chapter; and gg 70.7 (a), (b), and (c), 70.32, 70.42, 70.51 to 70.56 inclusive, 70.61, 70.62, and 70.71 of Part 70 of t.
e chapter; and to the provisions of Parts 19, 20, and 71 and Subpart B of Part 34 of this chapter."
AUTHORITY:
Sec. 161, 186, 234, Pub. L.83-703, 68 Stat. 948 and Sec. 10 Pub. L.95-601, 92 Stat 2591 (42 U.S.C. 2101, 2236, 2282, 5851)
Dated at Washington, D.C. this day of
, 1980.
For the Nuclear Regulatory Commission.
16
6' O
ENcz #@g,
NRC CONSIDERS CHANGES TO REGULATIONS ON PROTECTION OF EMPLOYEES WHO PROVIDE INFORMATION The Nuclear Regulatory Commission is considering changing its regulations to strengthen protection for persons who provide information to the Commission in connection with their employment with an NRC-regulated organization or a contractor or subcontractor to such organization.
The proposed amendments would:
(1)
Expand the types of information for which Commission protection applies to include information on antitrust, safety and security matters, in addition to radiological working conditions; (2) Apply the employee protection provisions not only to licensees but also to holders of construction permits, applicants for a license or permit and their contractors and subcontractors; and (3) Require that licensees, construction permit holders and applicants post on their premises explanatory material on the prohibition against dis-crimination arJ the recourse for remedy available through the Department of Labor.
The revised regulations would implement a November 6, 1978, amendment to the Energy Reorganization Act of 1974, which added a new section on " Employee Protection." The new section identifies specific acts of employees as protected activities and prohibits employers from discharging or otherwise discriminating against employees who engage in those activities.
It also gives the Department of Labor new authority to investigate an alleged act of dis-crimination and, if found appropriate, order reinstatement of the employee, with back pay and compensatory damages.
1
4 The new section of the Act does not change the Commission's pre-existing authority to investigate an alleged act of discrimination and take appropriate actions, such as withholding or suspending a license or imposing a civil penalty.
The proposed amendments, which are to Parts 19, 30, 40, 50, 70, 71 and 150 of the Commission's regulations, are being published in the Federal Register on Interested persons are invited to submit written sugges-tions or comments to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention:
Docketing and Service Branch by 2
9
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Dear Mr. Chairman:
Enclosed for the information of the subcommittee are copies of a Nuclear Regula-tory Commission proposed amendment to its regulations regarding " Employee Protec-tion" Currently the regulations are silent with regard to a protection against discrimination - or remedy in the event discrimination occurs - afforded a worker who provides information to the Commission if such information is not related to such worker's work place.
The proposed rule will inform employers that discrimination against a worker who provides information related to anti-trust, safety, or security matters is prohibited and inform workers that if such discrimination is believed to have occurred a recourse for remedy is available through the Department of Labor.
The amendments when combined with the new authority provided the Department of Labor by Public Law 95-601 6 210 will provide a more comprehensive program for employee protection.
As part of this program the Commission intends to enter into a " Memorandum of Understanding" with the Department of Labor.
The proposed amendments will be published in the Federal Register inviting public comment.
1
Enclosed also ara copies of a public announcement to be released by the Commission on this matter in the next few days.
Sincerely, Robert B. Minogue, Director Office of Standards Division
Enclosures:
1.
Proposed Rule 2.
Public Announcement 2