ML20035A145
| ML20035A145 | |
| Person / Time | |
|---|---|
| Issue date: | 02/18/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FRN-58FR15810, FRN-58FR15884, FRN-59FR502, REF-10CFR9.7 AE36-1-003, AE36-1-3, AE38-2-003, AE38-2-3, NUDOCS 9303240176 | |
| Download: ML20035A145 (3) | |
Text
{{#Wiki_filter:. _. n aaaoa.....s......aaaaao A RELEASES TOTHE PDR- .68 Ob / 'o, UNITED STATES - g-IO NUCLEAR REGULATORY COMMISSbN die # init !I w iss m orou.o.C. ....a [ February 18, 1993 ( l OF F8CE OF THE ' l SECRETARY -{ MEMORANDUM FOR: James M. Taylor -l Exec tive Director for Operations 4 FROM: amuel J. Chilk, Secretary i r ?
SUBJECT:
SECY-93-014 - MODIFICATION TO THE' RANDOM' DRUG TESTING RATE The Commission (with all Commissioners agreeing) has approved publication of the proposed rule in the Federal Recister with a 90-day comment period with the changes indicated in the { attachment.
Attachment:
As stated i i f I cc: The Chairman Commissioner Rogers j! Commissioner Curtiss Commissioner Remick Commissioner de Plangue OGC OIG Office Directors, Regions, ACRS, ACNW (via E-Mail) OP, SDBU/CR, ASLBP (via FAX) l i i SECY NOTE:- THIS SRM, SECY-93-014, AND THE VOTE SHEETS OF'ALL-COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 10-WORKING DAYS FROM THE.DATE OF THIS SRM i P 230068 j 9303240176 930218 (. PDR-10CFR I+ PT9.7 PDR g
i l The NRC recognizes that not all workers are deterred and that random i testing does contribute significantly to the detection of substance abuse by those few who are not deterred. The workforce may be divided into three t groups concerning the deterrent effect of random testing. The vast majority of workers do not abuse substances because of any of several reasons, usually concerns for health. Random testing does t not influence the behavior of this group. There would be no deterrent [ effect. A small percentage of workers are chronic abusers. Random testing would have little, if any, influence on this group. There would be no deterrent effect. Random testing would eventually detect these people. An unknown percentage of workers are, or could be tempted to be, occasional users and may be able to abstain if properly encouraged. The deterrence effect of random testing would cause them to refrain from i initial use or to modify their behavior if they are occasional users. Random testing would have the greatest influence on this group. The random testing rate has been an issue with other Federally regulated or administered random testing programs. The issue is the balancing of program goals. The optimal random drug testing program is one that maximizes both detection and deterrence of substance abuse while minimizing monetary and deme. 6 pes m social costs (e.g.,3 employee morale). To maximize detection, other factors remaining constant, it is assumed that more testing will result in more i .h.
located eithin a single geographic region, with one prevailing set of local drug-use patterns; and The recently reported rate of substance abuse detected through random (iv) p.acuele. testing in the railroad industry isAr+ple that in the nuclear power industry (approximately 1 percent as against 0.25 percent for power reactor licensee employees for the first 2 years). Taking into account the uncertainties involved and the low rate of positive tests, the HRC has concluded that lowering the random testing rate from 100 percent to 50 percent would cause little, if any, decrease in the r deterrent effect of random testing when applied to licensee employees, and that the rate of positive random tests for licensee employees is not likely to However, experiences with random testing gained since publication increase. of the rule have shown contractor and vendor employees testing positive at a rate aporoximately double that for licensee employees. Because of the higher rate of positive tests for contractor and vendor employees, the NRC is not See chart. proposing, at this time, to lower the rate for that population. [lNSERT CHART) In conclusion, the HRC believes that the fitness-for-duty program can be revised to permit licensees to lower the random testing rate for licensee employees without significant impact on the overall effectiveness of the Therefore, the Commission is proposing that 5 26.24(a)(2) be program. i modified to permit licensees to randomly test their employees at an annual rate equal to at least 50 percent. This would not preclude licensees from l '}}