ML20071L195

Comment on Proposed Rule 10CFR26 Re Changes to fitness-for-duty Requirements.Urges NRC to Revise Scope of 10CFR26 to Limit Random Drug & Alcohol Testing to Only Workers Who Have Unescorted Access to Vital Areas at NPP

ML20071L195
Person / Time
Site:	Callaway
Issue date:	07/21/1994
From:	Datillo M INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-59FR24373, RULE-PR-26 59FR24373-00005, 59FR24373-5, NUDOCS 9408030007
Download: ML20071L195 (2)

Text

Local No.1455 international Brotherhood of oocs Electrical Workers oss 5570 Fyler Avenue O St. Louis, MO 63139 0 314/351-6300 34 at 26 P4 :46 inQiHUMEER O. 'MD RULE N .2(2 July 21 S4 c r g . - .. . , , . ,

UWR.2H3 73) 000bg V ~ -

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing & Services Branch Re: 10 CFR Part 26 Changes to Fitness-For-Duty (FFD) Requirements

Dear Sir / Madam:

The I.B.E.W., Local 1455 represents approximately 1300 clerical, technical and sales employees at Union Electric Company, 150 of which work at the Callaway Nuclear Power Plant and respectfully sub-mit our comments regarding the notice in the May 11, 1994 Federal Register relating to 10 CFR 26, Fitness-For-Duty Programs.

Local 1455 does not support random drug testing and continues to view such testing of workers as an unreasonable invasion of one's privacy. The present random drug testing program cannot prove whether or not an individual was in any way impaired at the time the test was administered. There is no certainty that random drug test-ing has the deterrent effect the Nuclear Regulatory Commission is -

looking for. Well screened and trained employees at nuclear sta-tions are normally under observation by supervisors and co-workers which serves as the real deterrent to drug and alcohol abuse or oth-er inappropriate behavior.

The Nuclear Regulatory Commission (NRC) should not compel all per-sonnel granted unescorted access to the protected area to submit to random drug and alcohol testing within the confines of 10 CFR 26.

As the NRC has stated, there is no evidence or information which has led the NRC to believe modifying the rule would jeopardize the health or safety of the public due to sabotage or vandalism of nu-clear power stations. The public's perception of "what ifs" should not influence the commission's decision. The numerous other screen- i ing requirements, which licensees use for the selection of employc--

is the acceptable process by which potential trusted workers or per-sons determined to pose any risk, may be denied access to the plant or vital areas.

Local 1455 urges the NRC to revise the scope of 10 CFR 26 to limit random drug and alcohol testing to only those workers who have unes-corted access to vital areas at nuclear power plants (option 3).

The "non-vital" access personnel will still be included in other FFD 940B030007 940721 PDR PR 26 59FR24373 PDR *dND* ' g}f/O

4 U.S. Nuclear Regulatory Commission Page 2 July 21, 1994 programs for the monitoring and control of substance abuse in work-ers. Behavioral observation, for-cause testing, worker peer pres-sure and education concerning toxic and deleterious effects of substance abuse are the most effective deterrents for substance abuse in the workplace, including nuclear plants. Implementation of random drug testing as opposed to performance-based criteria for nu-clear generation facilities is not cost beneficial to licensees or supportive of the many dedicated, well trained personnel.

Local 1455 believes that option 3, based on the random testing of ,

only personnel capable of accessing vital / safety related equipment would lessen, but not eliminate, the present program's infringement on employee's privacy. The FFD program should continue for-cause testing and behavioral observation programs for the non-vital access workers. The proposed change to 10 CFR 26 should not increase the possibility of nuclear accidents that would affect the health or safety of the public.

Local 1455 would alco like a committee formed to study the positive and negative effects of 10 CFR 26 on the workplace. The committee would include the NRC (regulator), licensces (management) and work-ers (unions). All three groups would work towards developing the safest work environment possible but also take into consideration employer costs, employee privacy and working conditions.

Sincerely yours, N' \

Michael A. Datillo Business Manager MAD: rom /opeiu/13 cc: IBEW Utility Department 1

i

-