ML20033G025
| ML20033G025 | |
| Person / Time | |
|---|---|
| Issue date: | 03/26/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| TASK-PINC, TASK-SE SECY-90-115, NUDOCS 9004050049 | |
| Download: ML20033G025 (5) | |
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POLICY ISSUE March 26, 1990 (NEGATIVE CONSENT)
SECY-90-115 For:
The Commissioners From:
James M. Taylor Executive Director for Operations
Subject:
AltENDMENT TO NRC'S DRUG TESTING PLAN
Background:
Based on an NRC and subsequent Department of Health and Human-Services (DHHS) approval, we have been using split specimen collection and testing procedures for several months.
NRC Announcement No. 136, dated August 28, 1989, reflected these revised procedures.
Discussion:
More recently, DHHS expressed concern with NRC's " automatic" second confirmatory test at a second laboratory if tests at.
the first laboratory were positive.- - NRC-and DHHS.have since come to an agreement on the use of a second confirmatory test which does not significantly change our procedures, but which gives trore discretion to.our Pedical Review Officer (MRO) to request a seconc test. There are no real lircitations-on the use of the second confirmatory. test and it will be completed whenever the MRO requests it be done (based on his. decision or an employes's request to the MRO).
The procedures for split specimen collection and testing and second-confirmatory testing will be' incorporated into NRC's Drug Testing Plan and Manual. The staff has prepared the enclosed announcement which notifies all employees of these changes and which properly. amends our Plan.
Recorr endation: Unless the Commission directs otherwise within 10' workdays from the date of this paper, the staff will issue and distribute this announcement.
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mesM.7;/Ior94 Ta executive Director for Operations
Enclosure:
As stated NOTE:
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action proposed in.-this paper.3
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ANNOUNCEMENT NO.
DATE:
L TO:
All NRC Employees i
SUBJECT:
NRC DRUG TESTING PLAN - USE OF SECOND LABORATORY IN SPLIT URINE SPECIMEN TESTING The purpose of this announcement is to notify employees of a change in procedures for using NRC's second laboratory in split urine specimen testing.
This change is being made based upon the concern of the Department of Health and Human Services (HHS) regarding NRC's procedure to automatically conduct a second confirmatory test at a second laboratory whenever the test is positive at the first laboratory.
HHS indicated that such routine reanalysis is not permitted by HHS Guidelines, but should only be conducted on the authority of NRC's Medical Review Officer (MRO). The revised procedures described below partially supersede split specimen collection and testing described in NRC Announcement No.136, dated August 28, 1989. Enclosed is a Notice of Amendment to NRC's Drug Testing Plan. The original Plan was distributed to all employees in December 1988.
All drug test results (positive and negative) are sent to NRC's MR0.
For positive results, the MR0 will contact an employee or app (licant to determine if there is a justifiable reason for the positive result e.g., prescription for a controlled substance).
If an employee or applicant cannot explain i
the positive result and denies the illegal use of the controlled substance, or if the individual specifically requests a reanalysis of the specimen, l
the MRO will direct the second portion of the specimen be tested by the l
second laboratory.
The MRO will make a final determination based on results from both laboratories before reporting any result to the NRC HQs Assistant Drug Program Coordinator (HQ ADPC).
If an employee or applicant admits illegal use of a controlled substance to the MRO as the reason for the positive result from the first laboratory, the MRO will report the result to the HQ ADPC without directing a second confirmatory test to be completed.
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At this' time, these procedures only apply to non-bergainin.1 unit employees.
If you have any questions regarding these procedures, pleare contact Raymond J. Brady or Richard A.. Dopp on 492-4109.
Hugh L. Thompson,'Jr.
Deputy Executive Director for Nuclear Materials Safety, Safeguards and Operations Support'
Enclosure:
As stated i
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l NOTICE OF AMENDMENT TO NRC'S DRUG TESTING PLAN 1.
The Nuclear Regulatory Commission hereby) adopts the following change to the NRC Drug Testing Plan (NUREG/BR-0134..
a.
Section XIll, paragraph A, 2. on page 24 is deleted'and replaced with the following paragraph:' "On March 23, 1989, NRC was notified of the Department of Health and Human Services (DHHS) approval for NRC to conduct split specimen collection and testing. Provided sufficient-1 urine is collected, a portion of each employee and applicant specimen 1
will be sent to a primary and secondary laboratory. : Any confirmed -
positive result by the primary laboratory-will be sent to NRC's-Medical Review Officer (MRO).
If the NRC employee or applicant cannot explain the positive result and denies the illegal use of a controlled substance, or if the-individual specifically_ requests a reanalysis of_ the specimen, the MRO will-direct the second split =
portion of the specimen be tested at the secondary laboratory.
The second confirmatory test will be conducted as a_" retest" as prescribed intheDHHSGuidelines,section2.4(1).
If the NRC employee or..
applicant admits to illegal use of a contro11ed' substance to the-MR0 as the reason for the positive result from the primary laboratory, the MRO will report the results to NRC without directing _a-second l
confirmatory test to be completed."
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b.
Where guidance is cited in the plan as a reference, the following-
-t guidance is updated: OfficeofpersonnelManagement(C!si) Federal Personnel Manual (FPM) Letter 792-19, November 13, 1989, replaces FPM Letters 792-16, 792-17 and 792-18.
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These changes are effective upon-the signature of the agency head or the l
senior management official authorized to sign for the agency head.'
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Date Hugh L. Thompson, Jr.
Deputy Executive Director for Nuclear Materials Safety,-
Safeguards and Operations Support l
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