ML20138L878
| ML20138L878 | |
| Person / Time | |
|---|---|
| Issue date: | 01/08/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20138L848 | List: |
| References | |
| SECY-96-255-C, NUDOCS 9702250156 | |
| Download: ML20138L878 (3) | |
Text
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l NOTATION VOTE l
l RESPONSE SHEET TO:
John C.
Hoyle, Secretary l
FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-96-255 - RECOMMENDATION TO ISSUE REQUEST FOR PUBLIC COMMENT ON ESTABLISHING AND MAINTAINING A SAFETY-CONSCIOUS WORK ENVIRONMENT l
Approved Y Disapproved Abstain Not Participating Request Discussion COMMENTS:
I approve the proposal to request public comments on proposed mechanisms for establishing and maintaining a safety-conscious work environmert. However, I would note at this time that I may have questions about the proposal to require, by regulation, that licensees establish and maintain "a safety-conscious work environment" and incorporate certain management " attributes" into that work environment.
In particular, I am concerned that the " Proposed [ Regulation] Language" involving certain of the attributes may be viewed as vague and not inspectable or enforceable.
For that reason, it is my preliminary view that the " attribute" portion of this 4
proposal should ultimately be addressed in a Commission Policy Statement or in the Enforcement Policy rather than in a regulation. Nevertheless, I will await and consider the public comments on the propos before ~ make a final judgement on the matter.
%L 6IdNA'TURE Release Vote
/4 /
k j
i DATE Withhold Vote
/
/
Entered on "AS" Yes No l
l 9702250156 970218 PDR COMMS NRCC CORRESPONDENCE PDR
d N 4 regulation could successfully differentiate between licensees who perform well in this area and those who are cause for concern, in that pr scriptive requirements would only be remedial (i.e., prescribed for t se licensees who fail to establish and maintain a sufficiently safety-consci us work environment on their own efforts). Third, for those cases equiring i
Commission intervention in the form of issuing orders, the presence of a standardized process (i.e., as codified in a regulation op policy statement) l may result in less litigation than would result if such oMers were devjsed j
and issued case by case in the absence of such a standardized approach The Commission's experience indicates that licensees may successfully use differing methods in achieving a safety-conscious work environment, and what may be necessary for some licensees is unnecessary for others. Under the approach discussed herein, however, a regulation could be written such that, while the Consission is prepared to take decisive action where licensees have been unsuccessful, these actions are not invoked so long as licensees meet the basic criteria of a safety-conscious work environment.
Finally, while such a regulation might provide additional standardization and consistency where Comission action is necessary, the primary purpose would be to focus the licensee's attention in this area and z
reduce the need for Comission involvement in directing licensees' actions in this area. The intended effect of this rule would be for licensees (1) to become more aware of the importance the Comission places on establishing and i
maintaining a safety-conscious work environment, (2) to become more sensitive to indications of adverse trends emerging at their own facilities, and (3) to become more effective in taking actions to correct such trends and preserve the safety-conscious work environment before it deteriorates to a point that demands Comission intervention. This intention is consistent with the Comission's recognition, as presented in the May 1996 Policy Statement, that departures from a safety-conscious work environment are much more effectively corrected from within a licensee's organization than by the intervention of government or another outside agency.
IV. Inclusion in the NRC Enforcement Policy or Issuance of a Separate Policy Statement Another strategy toward standardizing the Comission's approach to this area would be to revise NUREG-1600, " General Statement of Policy and Procedures for NRC Actions" (generally known as the NRC Enforcement Policy),
to include this standardized approach. While this strategy would not be binding on licensees in the sense of requiring, by regulation, a safety-Establishing and publishing a standardized approach clarifies the 3
Comission's intention to respond to particular situations with particular actions. As a result of this clarification, any subsequent actions the Commission takes that are consistent with this expressed intention are less likely to be seen as arbitrary or prejudicially motivated, and therefore are less likely to be challenged. This logic is consistent with previous Comission experience in promulgating and implementing the NRC Enforcement Policy (NUREG 1600).
L
, i Office investigation.'
As discussed in NUREG-1499, the holding period is designed to min onsite conflict (and any associated chilling effect) generated by the perception that an employee may have been retaliated against for In addition, the holding period may be used to demonstrateAs management' support for maintaining a safety-conscious work environ concerns.
stated in the Commission's May 1996 Policy Statement:
By this approach, management would be acknowledging that although a dispute exists as to whether discrimination occurred, in the interest of not j
discouraging other employees from raising concerns, the employee involved in the dispute will not lose p the dispute is being resolved.
[ M In the past, both the staff recommendations and the Commissio Even under 4
Men to make the use of a holding period entirely voluntary.
IV the regulation or policy statement strategies discussed in Sectio above, the use of a holding period (as well as other measures design for promote a safety-conscious work enviror. ment) would be entirely However, in cases where the Commission determined that the licensee's safety-conscious work environment was deteriorating most licensees.
'In other words, the holding period would be in effect at least un Under Section 211 of the Energy initial decision made under the DOL process.
Reorganization Act, the DOL only provides a temporarily effecti the complainant (i.e., a reinstatement of pay and benefits) after an Administrative Law Judge's (ALJ's) adverse finding that discrimina Based on a NUREG 1499 recommendation, the Commission legislation, to be developed in coordination with the DOL, in w occurred.
adjustments would be made to the current DOL process, in t d
provided additional time to conduct a more in-depth initial inv a temporarily effective remedy could be provided to the c conclusion of the initial D0L investigation, an employee who alleged the initial investigation.
discrimination for engaging in protected activity would not be remo i tion pay and benefits at any point in the subsequent investigatio process, so long as the DOL continued to find in the employee It is important to explain that the Commission is not attempting to The purpose preempt the DOL's role in providing a remedy to the complainant.
til the of the holding period is to neutralize the conflic The chilling effect can the chilling effect on the rest of the workforce.
k arise, in this situation, when other employees perceive that a fello has been allegedly discriminated against for of pay and benefits.
n
UNITED STATES
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3 NUCLEAR REGULATORY CO'MMISSION s
WASHINGTON, O C. 20555-0001
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.o February 18, 1997 OFFICE OF THE SECRETARY MEMORANDUM TO:
L. Joseph Callan Exe tive Director for Operations 4
FROM:
John C Ecretary STAFF REQUIREMENTS - SECY-96-255 -
SUBJECT:
RECOMMENDATION TO ISSUE REQUEST FOR PUBLIC COMMENT ON ESTABLISHING AND MAINTAINING A SAFETY-CONSCIOUS WORK ENVIRONMENT The Commission has approved issuance of the request for public comments on the approaches to addressing the need for licensees to establish a safety-conscious work environment, subject to the following edits.
line 8 from On page 5 of the Federal Register notice, 1.
the top, insert ' suggested in a' after the word
'or.'
last On page 7 of the Federal Register notice, 2.
paragw ph, line 2, change the first word from 'has' to
'have.'
The staff should extend the comment period to 90 days to allow licensees and other members of the public adequate time for response.
(EDO)
(SECY Suspense:
2/28/97)
The Commission expressed concerns about the language being clear and concise, but also a coherent and enforcear2e part of the regulatory program.
In particular, there is a concern over the proposal to incorporate into the regulations certain " attributes" of "a safety-conscious work environment" in that it is not clear that the proposed " attributes" will be inspectable or enforceable.
Nevertheless, the Commission will await the public comments before making a determi"ation on the merite of the matter presented in the subject paper.
SECY NOTE:
THIS SRM, SECY-96-255, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
ren v r e D La ?
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i cc:
Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Diaz Commissioner McGaffigan l
OGC OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail) 2 I
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