ML20059J737
| ML20059J737 | |
| Person / Time | |
|---|---|
| Issue date: | 07/20/1990 |
| From: | Curtiss J NRC COMMISSION (OCM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 9009200144 | |
| Download: ML20059J737 (8) | |
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N.0 T A T I 0 N V 0.",.E.....................
RELEASED TO THE PDR RESPONSE.SNEET l
9//t/90 cp i
Bate
........'.......unas TO:
. SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FRON:
C0mISSIONER CURTISS
SUBJECT:
~ AMENDMENT TO THE FITNESS-FOR-DUTY RULE.
1 X/with APPROVED' connents DISAPPROVEo ABSTAIN J
'i NOT PARTICIPATING REQUEST DISCUSSION i
j COM4ENTS:
Approved, with edits to the proposed notices and letter.
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0?L.lG Nm S Y
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SIGNATURE
- j RELEASE VOTE
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July 20, 1990-DATE WITHHOLD-VOTE
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ENTERED ON "AS'.'
YES X
No 9009200144 900720'[.
PDR COMMS NRCC CORRESPDNDENCE PNQ2,i
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The Office of the General Counsel (OGC), advised the staff that the requirement in the rule to prohibit the disclosure of presumptive positive results of preliminary testing to licensee management did not prohibit the
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licensee from permitting non-management personnel from taking actio OGC noted that the intent to preclude the use of onsite testing for any purpore 1
other than screening specimens for forwarding to a certified laboratory was not stated in t'.e present rule with sufficient clarity to make a case against the licensee's use of preliminary test results.
.I Discussion i
During its consideration of 10 CFR Pirt 26, the Commission determined that l
the rule ac'aieved a proper balance between individual rights, the assurance of public health and safety, and protecting the safety of fell'ow workers. Among 1
the many measures that were prescribed to protect individual rights was a prohith'n against disclosure of presumptive positive results of preliminary testing to l'censee management.
Under its procedures,:the licensee in question removes perst ns from nuclear peker property and places them in a non work pay status after 3 preliminary positive test result indicates the presence of L
cannsbinoids. :ocaine, or alcohol.
The Comission concludes that the. licensee's pr2ctice is contrary to the Comission's intent, which is set forth in the responses to public comments accompaoying the final rule (paragraphs 11.1.3~
e and 11.L3 at 54 FR 24481). Therefore, the Comission is proposing to amend evid 10 CFR Part 26 to make clear ihnt preliminary test resulys not be used as a L
j basis for management action ak trt corraborative evidence of. impairment or safety hazard.
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in certain unusual circumstances, the reporting of unreviewed test results tomanagementmayberequiredby10CFR26.24(e).
In those rare cases when the
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Medical Review Officer's (MRO) review of final test results cannot be completed in time to meet the requirement to report the test results to licensee manage-
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ment within 10 days after the initial presumptive positive screening test, the l
Commission expects the MRO to exercise prudent judgment. The MRO should be I
informed of initial presumptive positive onsite screening test results if the HHS-certified laboratory has not reported within the expected time.
If the MRO cannot complete the review within the 10 day' period because of the unavailability of HHS test results or unavailability of the individual, the report to management
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iW M4-should be based on available informatio g
resu&$ bd 4set
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sy Any individual who is impaired, or whose fitne s.for.du ma Le question p g:; n ef.... M other than th r="'. e{ fusches 991 tyGQwtL dem '^
able dr;;; t;;t, must be remo/ed fromunescortedi.atusundertheprovisionsof10CFRPart26.27(b)(1),
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Environmental Impact:
Categorical Exclusion The NRC has determined that this proposed rule is the type of action describedincategoricalexclusion10CFR51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.
Paperwork Reduction Act Statement This proposed rule does not contain a new or amended information collec-tion requirement subject to the Paperwork Reduction'Act of 1980 (44 U.S.C.
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3501 et seq).
Existing requirements were approved by'the Office of Management and Budget; approval number 3150-0146.
i Regulatory Analysis t
The regulations in 10 CFR Part 26 establish requirements for licensees.
authorized to construct or operate nuclear power reactors to implement a fitness-for-duty program.
I This proposed amendment o FR Pa 1
f ission's previouspositionthatnoactongetakegasedsolelyonunconfirmedpositive initial screening test results in the ab"ence of other evidence that the indi.
vidual is impaired or that the individual might otherwise pose a safety hazard, i
Regulatory Flexibility Act Certification in accordance with the Regulatory Flexibility Act of 1980, [5 U.S.C.
605(b)),theCommissioncertifiesthatthisrulewillnothaveasignificant 1
economic impact on a substantial number of small entities. This proposed ruit, 7
affects only the licensing and operation of nuclear power plants. The con.panies that own these plants do not fall within the scope of the. definition of "small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards issued by the Small Business Administration in.13 CFR Part 121.
l Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule, and therefore, that a backfit analysis is not 7 ;
c For the purposes of sec. 223, 68 Stat. 958, as a w nded (42 U.S.C. 2273);
il 26.20, 26.21, 26.22, 26.23, 26.24, 26.25, 26.27, 26.28, 26.29 and 26.80
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are issued under sec.161b'and 1, 68 Stat. 948, and 949, as amended (42 U.S.C. 2201(b) and (i); il 26.70, 26.71, and.26.73 are issued under i
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sec.161, 68 Stat. 950, as amendad [42 U.S.C. 2201(o)].
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In i 26.24, Paragraph (d)' is revised to read as followg:
9 26.24 Chemical testing.
(d) 1.icensees may conduct initial screening tests of an aliquot prior to 1
forwarding selected specimens to a laboratory certifd sd by the Department of Health and Human Services, provided the licensee's staff possesses the i
necessary training and skills for the tasks assigned, their qualifications r
are documented, and adequate quality controls are' implemented. Quality
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control procedures for initial screening tests _ by_ a licensee's testing facility must include the processing of blind performance test specimens-and the submission to the HHS-certified laboratory of a sampling of specimens initially tested as negative. Access to the results of preliminary tests a
must be limited t'o the licensee's testing staff, the Medical Review Officer, the Fitness-For-Duty Program Manager, and employee assistance program staff when appropriate.
No individual may be removed or temporarily suspended from unescorted access based solely on unconfirmed positive initial screening test 1 4
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i results in the absence of other evidence that the individual _is impaired or that'the individual might otherwise pose a safety hazard.
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Dated at Rockville, Maryland, this day of
, 1990.
i For the Nuclear Regulatory Comission.
1 Samuel J. Chilk, Secretary of the Comission i
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(Enco 2)
NRC PROPOSES TO CLARIFY FITNESS-FOR-DUTY REQUIREMENTS The Nuclear Regulatory Commission is proposing to amend its requirements i
governing fitness-for-duty at license. nuclear power plants..
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The amendment would clarify the Commission's intent that no individual may be removed or temporarily suspended from unescorted access based solely on.
the unconfirmed positive results of a drug screening test.
i The amendment also would make it clear that,*"-a
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- d pt:fti;; tc;t an individual may be ' removed or temporarily 7
suspended from unescorted access if there is evidenceY'that the' individual is f/r.W
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Impaired or might otherwise pose a safety hazard, ye M ttW4145)
The clarifying amendment is being proposed after one licensee advised-the NRC, earlier this year, that it had implemented a fitness-for-duty pro' ram g
that included a provision for placing individuals in a non-work pay status on the basis of a positive but unconfirmed drug-test, t[
Written connents on the proposed amendment to Part 26 of-the. Commission's regulations shou'.J be received by (date). They should be addressed to the t
i Secretary of the Commission,. Nuclear Regulatory Commission, Washington, D.C.
20585, Attention:
Docketing and Service Branch.
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(Enc. 3)
DR.'IT IDENTICAL LETTERS TO-Chairman Bob Graham, Senate Subcomittee on Nuclear Regulation
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cc: Alan K. Simpson
. Chairman Philip R. Sharp, House Subcomittee on Energy and Power cc: Carlos J. Moorhead The Honorable Morris K. Udall, Chairman Subcomittee on Energy and the Environment.
i Comittee on interior and Insular Affairs United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The NRC has sent to the Office.of the Federal Register for publication the enclosed proposea amendment to the fitness-for-duty rule to clarify its intent concernino'the unacce ty of taking action ~against an individual based
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solely onJprelimina esults.
The amendment would prohibit management actions based upon an unco firmed positive initial screening test when there-is.an absence of any other evidence of impairment or an indication that the i
individual might otherwise pose a safety hazard.
The Comission's rule"for.
establishing Fitness-for-Duty programs at nuclear power plants was previously e
published on June 17. 1989 (54 FR 24468).
The notice provides for~a 60-day-public coment period.
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Sincerely, j
Eric S. Beckjord Director Office of Nuclear Regulatory Research cc:
Representative James V. Hansen 4
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