ML20150C021
| ML20150C021 | |
| Person / Time | |
|---|---|
| Issue date: | 03/08/1988 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| M880106, NUDOCS 8803170249 | |
| Download: ML20150C021 (9) | |
Text
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,, UNITED STATES e % )Tk
- r .. j NUCLEAR REGULATORY COMMISSION WASHING TON, D. C. 20555
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/ MAR 0 81988 MEMORANDUM FOR: Samuel J. Chilk, Secretary FROM: Victor Stello, Jr.
Executive Director for Operations
SUBJECT:
STAFF REQUIREMENTS MEMORANDUM NO. M880106 0F JANUARY 28, 1988, BRIEFING ON STATUS OF NRC INTERNAL DRUG PROGRAM This memorandum responds to Commissioner Bernthal's concerns regarding the abuse of alcohol and legal drugs.
The Commissioner asked the staff to clarify which elements in NRC's drug testing policy apply to abuse of alcohol and legal drugs. The NRC Drug Testing Plan relates to testing cor illegal drugs consistent with Executive Order 12564 and Section 503 of the Supplemental Appropriations for the Homeless Act of 1987. These documents require agencies to develop drug testing plans which will be unifonn in applicability and provide reliable testing.
However, those portions of the plan which relate to our Employee Assistance Program and to supervisory training and employee education also apply to employees' abuse of alcohol and all drugs, whether legal or illegal, which can affect job performance. No element of the plan calls for testing for abuse of alcohol or legal drugs.
The NRC's policy on the use of alcohol is of long-stdnding, being first published in 1978. The policy is contained in Part IV of Manual Appendix 4161, Employee Health Services Programs (copy attached). The essence of our policy is as follows:
Alcoholism is recognized as a treatable health problem; The agency is not concerned with the employee's use of alcohol except as it affects his or her job performance or conduct; Employees whose use of alcohol affects job perfontance or conduct are referred for counseling; and Supervisors are responsible for initiating disciplinary actions, including removal, against employees wno refuse or fail rehabilitation, J h 0
V 8803170249 880308
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Samuel J. Chilk Commissioner Bernthal also asked the staff to assess the need to upgrade or develop requirements to assure that employees do not abuse alcohol and legal drugs.
The staff is ccntacting other agencies which have cotaparable public health and safety responsibilities to determine whether our present policies on alcohol and legal drugs are consistent with practices elsewhere in the Federai sector.
Should these contacts indicate a need to upgrade or develop new receirements, the views of the Commission as well as appropriate Headquarters and Regional staff, will be obtained. 1 M.gned by g
y1cter Stalii .-
Victor Stello, Jr.
Executive Director for Operations
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. 1 EMPLOYEE HEALTH __ SERVICES PROGRAM NRC Appendix 4161 1
PART IV NRC ALCOHOL AND DRUG ABUSE PROGRAM A. BACKGROUND ,
Section 201 of Public Law 91-616, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 and Section 413 of Public Law 92-255, the Drug Abuse Office and Treatment Act of 1972, provides that the Office of Personnel Management shall be responsible for developing and maintaining in cooperation with the Secretary of Health and Human Services and with other Federal agen-cies and departments, appropriate prevention, treatment and rehabili-tation programs and scrvices for alcohol and drug abuse among civilian employees.
B. ' PURPOSE ,
This issuance transmits the guidelines for implementation of Public Laws91-616 and 92-265. These guidelines were developed by the Office -
of andPersonnel Human Management in consultation with the Secretary of Health Services , heads of agencies and organizations . national labor C. IMPLEMENTATION Inherent in applying these guidelines is the understanding that there is no one "best" way to deal with alcoholism or drug abuse in the work place.
i' D. DEFINITIONS
- 1. Alcoholism. A chronic disease characterized by repeated excessive drinking which interferes with the person's health, interpersonal relations, economic functioning, or social standing.
- If untreated, alcoholism becomes more severe and may be fatal.
It may take several years to reach chronic phase.
- 2. Alcoholic.
1 An "alcoholic" is someone who has this disease.
- 3. Recovered Alcoholic. A "recovered alcoholic" is a person who has undergone rehabilitation and whose disease has been arrested through abstinen_e.
- 4. Problem Drinker. A "problem drinker" is a person whose use of alcohol frequently affects his or her work adversely.
- 5. Dry Abuse.
Brug m a manner A health problem characterized by the use of a or to a degree which interferes with the person's health, interpersonal relations, work, or social standing.
4 9 Approved: July 29, 1983 w r =, ' - - - -
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NRC Appendix 4161 Part IV EMPLOYEE HEALTH SERVICES PROGRAM E. POLICY
- 1. General, i
- a. As an employer, the Nuclear Regulatory Commission is concerned with the accomplishment of agency missions and the requisite need to maintain employee productivity. Whea an employee's use of drugs or alcohol interferes with the efficient and safe performance of his or her assigned duties, reduces his or her dependability or reflects discredit on the ,
agency, in most cans management will take action in the fo m of (1) nandisenplinary procedures under which an employee with a drinking or drug problem is offered rehabili-tative assistance and (2) upon failure by the employee to reach an acceptable work performance level within a reason-able period of time, invoking regular disciplinary or other appropriate procedures for dealing with problem employees.
- b. When management has good reason to believe that an employee's problem also involves criminal conduct directed
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toward or potentially hamful to the person or property of l others, management has an obligation to report the facts '
known to the Director, Office of Inspector and Auditor, i
- 2. Specific . l
- a. The Nuclear Regulatory Commission recognizes alcoholism and drug abuse as treatable health problems.
- b. For purposes of this policy, alcoholism and drug abuse are defined as illnesses in which the employees job performance is impaired as a direct consequence of the abuse of alcohol l or drugs. i
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- c. Employees having these illnesses will receive the same careful consideration and offer of assistance that is presently extended to employees having any other illness or health problem.
Sick leave, annual leave, and leave without pay may be granted for the purpose of treatment or rehabilitation as in any other illness or health problem.
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- d. The NRC is not concerned with the employee's use of alcohol I except as it may affect his or her job performance or job-related conduct, or the efficiency of the agency, or is in violation of employee standards of conduct as described in 10 CFR Part 0 or Chapter MRC-4124 end Appendix. However, the NRC does not condone employee drug activity which is contrary to law.
I Approved: July 29, 1983 10
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NRC Appendix 4161 EMPLOYEE HEALTH SERVICES PROGRAM Part IV
- e. Employees who suspect they may have an alcohol or drug t
i problem, even in the early stages, are encouraged to volun- 1 tarily seek counseling and information on an entirely confi-dential basis by contacting the Manager of the Alcohol and Drug Abuse (ADA) Program. Such requests for counseling !
are subject to the confidentiality requirements of f. below.
, f. The confidential nature of records of employees with an alcohol or drug abuse problem will be preserved in accord-ance with Public Law 93-282 and implementing regulations issued by the Department of Health and Human Services, Spec.ial Action Office for Drug Abuse Prevention, and the Office of Personnel Management. Information relating to the identity , diagnosis, prognosis or treatment of any patient, which is maintained in connection with an alcohol or drug abuse prevention function , is confidential and may be l released only upon prior written consent of the patient, j except as indicated in Sections 122 and 303 of PL S3-282.
All persons performing an alcohol or drug abuse prevention function are subject to these provisions, and subject to the stated penalties for violating them.
F. DUTIES
- 1. Office of Administration. The Manager, ADA Program, carries out policy, overall program development, and periodic review and evaluation of the alcohol and drug abuse program,
- a. The Manager, ADA Program, shad develop, coordinate and conduct the alcohol and drug abuse program at Headquarters and Regional Offices including arrangement for supervisory training, development of counseling capability, and liaison with health authorities and community resources.
- b. The Manager, ADA Program, is available for consultation to '
supervisors in connection with their dealings with employees who the supervisors have reason to believe may have alcohol i and drug problems; as well as to provide direct counseling '
to affected employees. Based on the supervisor's documenta-tion of declining work performance, attendance problems , l disruptive behavior, etc., the Manager, ADA Program, can !
- become acquainted with the case history and be prepared to offer guidance to the supervisor and, when requested, {
counseling to the employee. -
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- 2. Supervisors. Supervisors have explicit expectations of their employees in terms of job performance and job-related conduct.
When employees fail to fulfiD these expectations , supervisors have both the right and the duty to confront them with the I
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11 Approved: July 29,1983 l
NRC AppGndix 4161 Part IV EMPLOYEE HEALTH SERVICES PROGRAM deficiencies, and to provide them with opportunities to correct the problems . Supervisors should contact their Labor Relations Specialist early in this process. ( Also, see Chapters NRC-4151 and 4152 on performance appraisal systems for non-SES and SES employees , and/or the collective bargaining agreement with the employees' exclusive representative, as appropriate.) Recognizhg and dealing with poor performance is a basic supervisory respon-sibility. Early intervention will generally be most helpful in returning employees to productivity . In summary, supervisors should:
- a. Be alert to changes in the work or behavior, or both, of assigned employees.
- b. Document specific occasions when an employee's job performance, attendance, or other job-related conduct fails to meet minimum standards or where the employee's pattern of performance appears to be deteriorating.
- c. Advise Health Unit or Manager, ADA Program, or both, of !
the employee's problem, and the possibility of a referral to them . Supervisors should be able to describe behavior, but !
i should not attempt to diagnose or draw conclusions. This is a med' cal or sounseling responsibility. {
- d. Conduct an interview with the employee focusing on work performance or pb-related conduct problems and inform the <
employee of available counseling services if the problem is i caused by a personal or health problem. !
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- e. If the employee's performance or job-related conduct !
continues to be a problem, make clear to the employee that i failure to accept assistance through counseling will mean that he/ he must accept the consequences provided for such problems .
Consult the appropriate Labor Relations Specialist before any proposed action is taken.
f.
Special circumstances may call for different actions . For example, when an employee does not appear to be in full control of his/her faculties, tne supervisor should immedi-ately inquire about his/her physical condition. but should be .
- aware that other health problems or medication can produce symptoms similar to those associated with alcohol or drug abuse. Infomation on these cases should be relayed to the Health Unit and/or Manager, ADA Program, and the employee should be referred, with the advice of the appropriate Labor j Relations Specialist , to the appropriate medical facility for i diagnosis and emergency treatment. (See also NRC Appendix 4145 with regard to "enforced leave.") The Health Unit is pemitted to inform the supervisor whether or not the ,
employee is incapacitated for duty, is being detained in the Health Unit for bed rest or other time-consuming treatment, l
Approved: July 29, 1983 12
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NRC Appendix 4161 EMPLOYEE HEALTH SERVICES PROGRAM Part IV or has been referred to an outside medical facility. Upon return to duty, the employee may be reminded of the facts by the supervisor and referred for counseling. As another
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example, when a supervisor has good reason to believe that an employee is involved in criminal activity toward others l a(e.g. , selling or transporting drugs, or stealing to support habit) , the facts known should be reported to the ;
Director, Office of Inspector and Auditor, for evaluation or i transmittal to law enforcement authorities. Subsequently, the i supervisor should obtain the advice of the Labor Relations Specialist concerning further appropriate actions. !
j g.
Discussion of employee problems by supervisors with persons i not having a need to know is discouraged on grounds of ethics and good supervisory practice. The confidentiality regulations do prohibit persons perfoming sn alcohol or j drug abuse prevention function (e.g. , - NRC Health Unit j staff, Manager, ADA Program) from disclosing infonnation to unauthorized persons, which includes supervisors, without the written consent of the employee. In other words, a I i
counselor, after referring an employee to the Health Unit or supervisor, cannot expect feedback on the employee's progress without the employee's written consent.
is given , the If consent supervisor may not pass on the infonnation received as a result of that consent to any other unauthor- !
ized person (which includes his or her supervisor) without the signing of a separate consent. Supervisors should -
continue to provide program personnel with infonnation about !
the the job performance and conduct of employees referred to program, regardless of whether or not consent is obtained for feedback from the program.
G.
RELATIONSHIP TO DISCIPLINARY ACTIONS !
1.
The alcohol and drug abuse program supplements, but does not !
replace, existing procedures for dealing with problem employees, Drinking or drug abuse is an illness and, as with other types of ,
illnesses , it is agency policy to try to assist the person to i recover his or her usefulness as an employee. l 1
- 2. The alcoholic or drug abuser should be dealt with little differently from other problem employees. The supervisor iden-
, tifiesnot are thq aspects of job performance or job-related conduct that satisf actory, consults with his/her Labor Relations Specialist, discusses the below-standard performance or conduct with the employee and advises him or her of available counseling assistance any personal if the cause of poor performance or conduct stems from problem If the employee refuses to seek coun-seling, or if there is after a reasonable period ofno improvement in performance or conduct time , disciplinary or other appropriate action should be taken, as warrante.1, solely on the 13 Approved: July 29, 1983
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NRC Appendix 4161' Part IV EMPLOYEE HEALTH SERVICES PROGRAM i
basis of less than satisfactory job performance or conduct. The supervisor should talk with his/her Labor Relations Specialist about such problems as continued excessive _ tardiness, absence without leave, irrational or less than satisfactory performance on the job , etc. The Labor Relations Specialist will guide the supervisor through the sequence of actions required.
3.- It is important that the ADA Program be carried out as a non-disciplinary procedure aimed at rehabilitation of persons who -
suffer from a health problem. However, failure on the part of the employee to correct performance or conduct should be dealt !
with through disciplinary or other appropriate procedures.
Disciplinary or other actions should always be based on job performance or cor. duct problems, not progress in a rehabilitative program. The supervisor should consult his/ her Labor Relations Specialist before commencing any fomal disciplinary action.
- 4. Immediate disciplinary action may be warranted when there is an
. overt act of misconduct. The Labor Relations Specialist will be consulted as to the necessity and propriety of disciplinary action, together .with appropriate Office Directors; and, as appropriate, the Labor Relations Specialist will notify the Director, Office of Administration. '.
- 5. Management does not have authority to require an alcohol or drug ,
abuse prevention function to release patient information for use in a disciplinary situation. However, the release of such information is permitted with the patient's prior written consent, when in the judgment of the Manager, - ADA Program, the consent was volun-l tary and will not cause harm to the pat,ient, the program, or -
their relationship. -
H. COMMUNITY RESOURCES
- 1. A key element in an effective alcohol and drug abuse program is liaison with community resources. The Manager, ADA Program, j
, has identified and established working relationships with community programs and recources which deal with information and education, treatment, and rehabilitation. Such organizations include hospitals and clinics prepared to deal with alcoholism and drug abuse, physicians interested in working with such patients, state or local government information and treatment centers, and numerous community-based groups such as Alcoholics Anonymous, Al- Anon (for families or alcoholics), il- A-Teen (for children of .
alcoholics), etc.
- 2. The Manager, ADA Program, maintains current infomation about community resources to be readily available to individuals providing counseling services to employees with drinking or drug problems, and establishes liaison with employee organizations and labor organizations, to assure maximum understanding and parti-i cipation in the program.
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NRC Appendix 4161 EMPLOYEE HEALTH SERVICES PROGRAM Part IV I.
i PROGRAM RECORDS AND REPORTS 1.
Records on counseling employees must be who have sought or besn referred for ~
l maintained in the strictest confidence. The confidentiality restrictions set forth in 21 USC Sec.1175, "Confi- 1 dentiality of ADA Patient Record," are applicable. Such confi- )
dentiality shall extend to any communication or information which would identify an employee as a present or former participant in the alcohol and drug abuse program.
- 2. Official Personnel Folders should not include informatien concerning an employee's alcohol or drug abuse problems or <
efforts to rehabilitate him or her except as they apply to specific charges leading to disciplinary or separation actions. i j
3.
Pre-employment and fitness-for-duty examinations are not subject l to the raquirements of the confidentiality restrictions cited in 21 j USC Sec. 1175, "Confidentiality of ADA Patient Records . " Any alcohol or drug related information developed in these two exami-nations will be accorded the same confidentiality provided under 1 of examinations. existing guidelines for other information developed in these:
4.
Statistical data as to the extent of alcohol and drug problems, counseling under this program, and progress made in rehabilita-tion efforts wiu be maintained by the Manager, ADA Program, for the purpose of (a) evaluating program effectiveness and, (b) preparing periodic program statistical reports as may be required by the Office of Pers .nel Management.
J. REFERENCES 1.
Title 11 of Public Law 91-616 (42 U.S.C. 4561) 2.
Section 413 of Public Law 92-255 (21 U.S.C.1180) 3.
Section 408 of Public Law Public Law 93-282 92-255 (21 U.S.C.1175), as amended by
- 4. FPM Supplement 792-2
- 5. FPM Letter 792-10
- 6. Public Law 96-180
- 7. Public Law 96-181 15 Approved: July 29,1983
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