ML20150C109
| ML20150C109 | |
| Person / Time | |
|---|---|
| Issue date: | 07/16/1988 |
| From: | NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| TASK-CA, TASK-SE SECY-88-129, SECY-88-129-ERR, NUDOCS 8807120312 | |
| Download: ML20150C109 (7) | |
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6-JUNE 16, 1988 C
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TO ALL HOLDERS OF SECY-88-129 - PROPOSED RULEMAKING - FITNESS FOR DUTY PROGRAM-(COMMISSIONER ACTION ITEM)
PLEASE REPLACE THE APPROPRIATE PAGES IN SECY-88-129 WITH THE ATTACHED PAGES.
ICIACHMENTS:
AS STATED THE SECRETARIAT I
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8807120312 880616 PDR SECY Certified By ~
88-129 PDC p
y The Connisstoners Staff cas included the tracking system as requested by the SRM, but recommends that the Commission delete this requirement from the proposed rule and shift the requirement to Appendix B for comment.
Staff believes that adequats "tra: king" will be accomplished under the proposed access authorization program.
In addition, random testing at all operating reactors offers a reasonable probability that habitual abusers will be identified.
This option would address ACRS coments that the overlap between the Access Authorization Policy Statement and the fitness for duty rule may be confusing.
Testing Standards: Ti:e proposed rule requires that the collection and testing of urine specimens meet the "Mandatory Guidelines for Federal Workplace Drug Testing Programs" developed by tht Department of Health and Human Services (HHS),
1 Cutoff levels for screening end confinnation tests would, at a minimum, conform to the l'HS standards. Licensees, at their discretion, could impleme.nt programs with more stringent standards (e.g., lower cutoff 16vels). However, management actions regarding persons who fail a more stringent standard but do not test positive under the HHS Guidelines would also be at the discretion of the licenses.
It should be noted that 37 of 54 licensees currently have more stringent standards for the initial screening of marijuana, i.e., lower cutoff levels, than that contained in the HHS Guidelines.
Furthermore, 20 of the li:ensees have set lower cutoff
'evels for initial screening tests for cocaine than specified in the HHS Guidelines. All other licensees have levels for testing marijuana and cocaine which are equal to the levels set in the HHS Guidelines, except for five which set higher levels for initial screening tests of cocaine.
Hi S Gufdelines require both initial screening ?.ests ar.d confinnatory tests for federal employee *, be conducted in the same laboratory and tiist the testing laboratory have a management staff, each of whom must meet specifie educational and experience requirseients appropriate for laboratories handling a large throughput. However, many licenstes currently conduct the initial screening tests of specimens onsite and send presur.ptive positives to a contract laboratory for confirmatory testing.
Such onsite testing is intenced to realize significant cost savings without adversely affecting safeguards afforded the employees. The proposed 3
rule would permit licensees to conduct preliminary tests onsite and forward selected specimens to a contract laberatory for the initial screening and confirmatory tests.
Enclosure
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- Verebey, K.,
1987.
"Cocaine Abuse Detection by Laboratory Methods.'
In-o Washton, A. M., Gold, M. S., eds.
1987.
Cocaine:
A Clinician's Hqdbook.
Guilford Press. New York / London.
Regulatory Analysis The Comission has prepared a regulatory analysis for this rule. The analysis examines the costs and benefits of the rule as considered by the Comission. A copy of the regulatory analysis is available for inspection and copying for a fee at the NRC Public Document Room,1717 H Street, NW, Washington, DC 20555.
The Comission has concluded that this rulemaking is not amenable to a fonnal backfit analysis in accordance with 10 CFR 50.109, particularly with regard to estimating potential change in risk to the public and potential impact on radiological exposure of facility employees resulting from the new rule. Nevertheless, the Comission believes the rule will serve the public interest and promote public health and safety. Othe.* principal aspects of a backfit analysis such as costs and resource burden on the industry and the NRC are treated in the regulatory analp is.
Papsrwork Reduction Act Stateunt This proposed rule amends informatior collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
This rule has been suba.itted to the Office of Management and Budget for review and appreval of the paperwork requirements.
Environmental Assessment and Finding of No Significant Environmental Impact Identification of Proposed Action: The proposed rule would require licensees authorized to operate nuclear power reactors to implement a fitness for duty program whose general objective is to provide reasonable assurance that 79 Enclosure A i
i activities associated with nuclear power plant operations are carried out in an f
environment which is free of the effects of drugs. Undar the proposed rule, testing for impermissible drug use would be conducted prior to authorizing unescorted access to protected areas or assignment to other activities within the scope of the proposed rule, randomly for such licensee and contractor personnel, after certain operational events, based on reasonable cause, and to verify continued abstention.
In addition, the proposed rule provides for other basic fitness for duty program elements such as the development of written policy and procedures, provisions for the training of supervisors and e
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Enclosure A
"illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorize d by law.
"Impairment" means deficient or diminishing on-the-job performance resulting from physical or psychological stressors, that may include abuse of drmgs or other substances.
"Initial screening test" means an imunossay screen to eliminate "negative" urine specimens from further consideration.
"Protected area" has the same meaning as in Section 73.2(g) of this chapter, an area encompassed by physical barriers and to which access is controlled.
"Random test" means a system of unan, ounced drug testing imposed in a statistically random manner to a group so that all persons within that group have an equal probability of selection.
"Unannounced testing" means unannounced random tests.
l 26.4 Inteipretations.
Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Comiss' ion other than a written interpretation by the General Counsel will be recognized to be binding upon the Comission, i 26.6 Exemptions.
The Comission may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the comon defense and security and are otherwise in the public interest.
I 26.7 Information collection requirements: OMB approval.
(e) The Nuclear Regulatory Comissiori has submitted the informatior collection requirements contained in this part to the Office of Management and Budget (OMB) for approval :s required by the Papenvork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). OMB has approved the information cellection requirements contained in this part under control number (b) The approved information collection requirements contctned in this part appear in il 26.20, 26.21, 26.22, 26.23, 26.29, 26.71 and 26.73.
85 Enclosure A
i 26.21 Policy comunications and awareness training.
(a) Persons assigned to activities within the scope of this part shall be provided with appropriate training to ensure they understand --
(1) Licensee policy and procedures, including the methods that will be used to implement the policy; (2) The personal and public health and safety hazards associated with abuse of drugs; (3) The effect of prescription and over-the-counter drugs and dietary conditions on drug test results, and the role of the 14edical Review Officer; (4) Employee assistance programs provided by the licensee; and (5) What is expected of them and what consequences may result from lack of adherence to the policy, (b) Initial training must be completed prior to assignment to activities within the scope of this part. Refresher training must be completed on an annual basis, or more frequently where the reed is indicated. A record of the training shall be retained for a period of at least three years.
I 26.22 Training of supervisors and escorts.
(a) Managers and supervisors of activities within the scope of this part shall be provided appropriate training to ensure they understand --
(1) Their role and responsibilities in implementing the program; (2) The roles and responsibilities of others, such as the personnel, medical, and Employee Assistance Program (EAP) staffs; (3) Techniques for recognizing drugs, indications of the use, sale, or possession of drugs; (4) Behavioral observation techniques for detecting degradation in performance, impairment, or changes in employee behavior (in th. case of escorts, this shall cover detection of impairment); a_nd (5) Procedures for initiating appropriate corrective action, to include referral of employees for counseling or treatment (in the case of escorts, this shallcoverreportingtoappropriatemanagement).
(b) Persons assigned escort duties shall be provided appropriate training to ensure they urMerstand the matters contained in 126.22(a)(3), (4), and (5).
(c) Initial training must be completed within 3 months of initial supervisory assignment, or prior to assignment of escort duties.
Refresher training must be completed on an annual basis, or more frequently where the need is indicated. A record of the training shall be retained for a period of at least three years.
87 Enclosure A
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(b) Testing for drugs shall, at a minimum, conform to the "Pt.ndatory j
Guidelines for Federa. Workplace Drug Testing Programs" issued by the Alcohol, i
Drug Abuse, and Mental Health Administration of the Department of Health and Human Services (53 FR 11970), hereinafter referred to as the HHS Guidelines.
Licensees, at their discretioni may implement programs with more stringent standards (e.g., lower cutoff levels). Management actions with respect to persons who fail a more stringent standard, but do not test positive under the HHS Guidelines incorporated in this rule, would also be at the discretion of the licensee.
(c) Licensees shall test for all five drugs or classes of drugs described in paragraph 2.1(a)(1) and (2) of the HHS Guidelines.
In addition, licensees shall consult with local law enforcement authorities and drug counseling services to determine whether other drugs are being used in the geographical locale of the facility and workforce communities. Where appropriate, other drugs so identified must be added to the list of drugs being tested.
Conservative cutoff limits must be establirhed by the licensee for these drugs.
(d) Licensees may conduct preliminary tests of an aliquot prior to forwarding selected specimens to a contract laboratory meeting the requirements of paragraph (e) cf this section, pruvided the licensee's staff possesses the necessary training and skills for the tasks assigned, their qualifications are documented, and adequate quality controls are implemented. Quality control p,seedures for preliminary tests shall include the processing of blind perfor-mance test specimens and the submission to the contract laboratory of a sartpling of spec % ens initially tested as negative.
(e) Quality controls and prccedures for contract laboratories shall be j
consistent with the HHS standards for "Certification of Laboratories Engaged in Urine Drug Testing for Federal Agencies."
(53 FR 11970, 11986 - 11989).
Contract laboratories shall conduct initial screening tests and confirmatory tests on all specimens forwarded far testing. Licensees shall submit blind performance test specimens to contract laboratories in accordanc:. with paragraph 2.5(d)(2) and (3) of the HHS Guidelines.
E 26.25 EmpicyeeAssistancePrograms(EAP).
Each licensee subjec*. to this part shall maintain an Employee Assistance t
program to strengthen fitness for duty programs by of fering assessment, 89 Enclosure A
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