ML20211C381
| ML20211C381 | |
| Person / Time | |
|---|---|
| Issue date: | 03/26/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Asselstine, Palladino, Roberts NRC COMMISSION (OCM) |
| Shared Package | |
| ML20211B940 | List: |
| References | |
| FOIA-86-126, FOIA-86-127, FOIA-86-131, FOIA-86-166, FOIA-86-201, FOIA-86-209, FOIA-86-80, FOIA-86-82, FOIA-86-A-166, FOIA-86-A-167, FOIA-86-A-168, FOIA-86-A-169, FOIA-86-A-170, FOIA-86-A-171, FOIA-86-A-172, FOIA-86-A-173, FOIA-86-A-174, FOIA-86-A-263 NUDOCS 8610210346 | |
| Download: ML20211C381 (1) | |
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UNITED STATES fs NUCLEAR REGULATORY COMMISSION p( wAsmworow.o. c.aosss
' M March 26,1986 l -
l MEMORANDUM FOR: Chairman Palladino - . -.
Comissioner Roberts Comissioner Asselstine e Comissioner Bernthal Comissioner Zech FROM: Victor Stello, Jr.
Acting Executive Director for Operations
SUBJECT:
. FITNESS FOR DUTY POLICY STATEMENT As directed by the Comission on January 29, 1986, the fitness for duty policy statement has been provided to NUMARC and INP0 for their coments or recomendations, and a discussion was held with them on fiarch 5,1986. In a March 13 letter the Chairman of the NUMARC Steering
- Comittee has indicated that the markup of the policy statement has not yet been endorsed by the full NUMARC Executive Group.
In order for the Comission to have the benefit of industry coments, a revised due date of May 15, 1986 for submission of the policy statement is requested.
ctor S ello, .
Acting Executive Director for Operaticns cc:
SECY OGC OPE Distribution:
Stello Roe Rehm Snie::ek Taylor Partlow EDO R/F 8610210346 861006 DE A-166 PDR t'
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UNITED 5TATES Cys: ,St'ello_
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January 29, 1986 Minogup GCung)ng hpm CPFICE oF THE stenETAny Partlow /
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MEMORANDUM FOR: ' ,/
Acting Executive Direct /1'or Operations Samuel J. Chilk, Secret b f,
FROM: ')
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SUBJECT:
SECY-85-21/21B - FITNESS F R DUTY OF NUCLEAR POWER PLANT PEP "'"*7 L U
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Tne commission requests tnat you discuss the attached Policy '
Statement with INPO.and NUMARC. You should advise the Commission of any comments or recommendations that the staff or the industry have on the proposed policy statement by March 17, 1986. It is the Commission's intention to l
complete action and issue the policy sta.tement within 45 days.
i (EDO)
(SECY Suspense: 3/17/86).
Attachment:
As stated cc: Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech OGC OPE f!M'd CE . f - 1' b O*t' t T s . . . ./ , h.. .. ..
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NUCLEAR REGULATORY COMMISSION COMMISSION POLICY STATEMENT ON FITNESS FOR DUTY OF NUCLEAR POWER PLANT PERSONNEL AGENCY: Nuclear Regulatory Commission ACTION: Final Commission Policy Statement on Fitness for Duty of Nuclear Power Plant Personnel J
SUMMARY
- This statement presents the policy of the Nuclear Regulatory Commission (NRC) with respect to fitness for duty and describes the activities that the NRC will use to execute its responsibilities to ensure the health and safety of the public.
l To provide reasonable assurance that all nuclear power plant personnel working in vital areas at operating plants are fit for duty, licensees and applicants will develop and implement fit-ness for duty programs in accordance with the Edison Electric Institute (EEI) " Guidelines to Effective Drug and Alcohol-Fitness for Duty Policy Development." The guidelines will be provided to the NRC for review and comment. It remains the continuing responsibility of the NRC to independently evaluate applicant development and license implementation of fitness for duty programs to ensure that desired results are achieved. Nothing in this Policy Statement limits NRC's authority or responsibility to follow up on operational events or its enforcement authority when regulatory requirements are not met. However, while evaluating the effectiveness of this
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f guidance, the NRC intends to exercise discretion in enforcement matters related to fitness for duty programs for nuclear power plant personnel and refrain from new rulemaking in this area for a period of at least~ eighteen months from the effective date of j
this Policy Statement.
EFFECTIVE DATE: (Upon publication in the Federal Register).
I FOR FURTHER INFORMATION CONTACT: Loren Bush, Operating Reactor Programs Branch, Office of Inspection and Enforcement, U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555, telephone r
(301) 492-8080.
SUPPLEMENTARY INFORMATION:
BACKGROUND The Nuclear Regulatory Commission (NRC) recognizes drug and alcohol abuse problems to be a social, medical, and safety problem affecting every segment of our society." Given the pervasiveness of the problem it must be. recognized that it exists to some extent in the nuclear industry. Prudence, therefore, requires that the Commission consider additional
, appropriate measures to provide reasonable assurance that a person who is under the influence of alcohol or any substance legal or illegal which affects his ability to perform his duties safely, is not. allowed access to a vital area at a nuclear power plant.
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The nuclear power industry, through programs developed and coordinated by EEI and the Institute of Nuclear Power Operations (INPO), has made and is continuing to make substantial progress in this area.
A Task Force on Drug Abuse Problems, Policies, and Programs established by EEI's Industrial Relations Executive Advisory l
Committee, developed guidelines to help the industry address the issue of how to establish comprehensive fitness for duty pro-grams. An EEI document entitled, "EEI Guide to Effective Drug and Alcohol / Fitness for Duty Policy Development," was formally published and mailed to all nuclear utility Chief Executive Officers.
A series of EEI sponsored regional conferences in the fitness for duty area provided a forum for discussion of industry con-cerns related to development and implementation of fitness for Topics addressed at the conferences included
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duty programs.
union participation, legal aspects, training, and methods for handling controlled substances. As a result of increased aware-ness in this area, the nuclear industry has worked to develop and implement improved fitness for duty programs. These pro-grams concentrate on'the training of managers, supervisors, and security personnel in methods for identifying and dealing with personnel potentially unfit for duty.
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- 4-On August 5, 1982, the Commission published in the Federal Register a proposed rule on fitness for duty (47 FR 33980). ' The proposed rule would have required licensees to establish and implement written procedures for ensuring that personnel in a nuclear power plant are fit for duty. The Commission has decid-ed to defer implementation of the rule subject to successful-implementation of fitness for duty programs by the industry as described in this Policy Statement. NRC is publishing a sepa-rate notice in the Federal Register analyzing the comments on the prop'osed rule, and explaining its intent to reassess the possible need for rulemaking after an 18-month period, if cir-cumstances warrant. The following statement sets forth the Commission's policy on fitness for duty and describes how it will execute its responsibilities in this area to ensure the health and safety of the public.
POLICY STATEMENT The Commission recognizes that the industry, through'the initia-tives of the Nuclear Utility Management and Resources Committee (NUMARC) , EEI, and INPO, has made progress in developing and implementing nuclear utility employee fitness for duty programs.
The Commission stresses the importance of industry's initiative and wishes to encourage further such self-improvement.
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Subject to the continued success of industry's programs and' .
NRC's ability to monitor-the effectiveness of those programs, the Commission will refrain from new rulemaking on fitness for duty for a minimum of 18 months from the effective date of this Policy Statement. The Commission's decision to defer implemen-tation of rulemaking in this area is in recognition of industry efforts to date and the intent of the isdustry to utilize the EEI Guidelines in developing fitness for duty programs. The Commission will exercise this deference as long as the industry programs produce the desired results. However, the Commission continues to be responsible for evaluating licensees' efforts in the fitness for duty area to verify effectiveness of the indus-try programs. The Commission will reassess the possible need ,
for further NRC action based on the success of those programs during the 18 month period.
At the Commission's request, the industry has agreed to under-take a review of the program elements and acceptance criteria i
for a fitness for duty program. NUMARC has requested that EEI modify or supplement, as appropriate, its " Guide to Effective Drug and Alcohol / Fitness for Duty Policy Development", and EEI has agreed. Further, INPO has agreed to enhance its performance objectives and criteria for its periodic evaluations to include appropriate criteria for fitness for duty. Copies of the documents describing the program elements and criteria for 1
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4 fitness for duty programs developed by the industry will be provided to NRC for review and comment.
The NRC will evaluate the effectiveness of utility fitness for duty programs by its normal review of industry activities.
Through reviews of INPO program status and evaluation reports, periodic NRC observation of INPO evaluations, and direct in-spections conducted by the NRC's Performance Appraisal Teams, Regional Offices, and Resident Inspectors, NRC will also monitor the progress of individual licensee programs.
i j By way of further guidance to licensees, Commission expectations of licensee programs for fitness for duty of nuclear power plant personnel may be summarized as follows:
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- It is Conmission policy that the sale, use, or possession of illegal drugs or alcohol at nuclear power plant sites is unacceptable. .
- It is Commission policy that persons on nuclear power plant sites shall not be under the influence of any substance, r legal or illegal, which adversely affects their ability to perform their duties.
- An a?:ceptable fitness for duty program to ensure a drug and alcohol free environment at nuclear power plant sites should at a minimum include the following essential ele-ments:
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- 1) A provision that the sale, use, or possession of illegal drugs or abuse of legal drugs on site will result in immediate revocation of access to vital areas and discharge from nuclear power plant activities. The use of alcohol on site will result in immediate revocation of access to vital areas and severe disciplinary action, up to and including, discharge from nuclear power plant activities.
- 2) A provision that offsite sale, possession, or use of illegal drugs will result in immediate revocation of access to vital areas, and mandatory rehabilitation prior to reinstatement of access, and possible dis-charge from nuclear power plant activities.
- 3) The ability of licensees to demonstrate and assure fitness for duty of all power plant personnel by effective monitoring and testing procedures.
The industry, by periodic briefings or other appropriate meth-ods, is expected to keep the Commission informed on program status and provide periodic status reports to the NRC staff.
The NRC may also from time to time ask individual licensees to provide such information as the Commission may need to assess program adequacy.
, -g-ENFORCEMENT Violations'of any applicable reporting requirement or instances of a person being unfit for duty such that plant safety is potentially affected will be subject to the enforcement process.
Any NRC staff enforcement action pertaining to fitness for duty during this grace period will be undertaken only with Commission concurrence.
In addition to required reports and inspections, information
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requests under 10 CFR 50.54(f) may be made and enforcement meetings held to ensure understanding of corrective actions.
Orders may be issued where necessary to achieve corrective actions on matters affecting plant safety.
i In brief, the NRC's decision to use discretion in enforcement in I order to recognize industry initiatives in no way changes the i
NRC's ability to issue orders, call enforcement meetings, or suspend licenses should a significant safety problem be found.
I Nothing in this Policy Statement shall limit the authority of the NRC to conduct inspections as deemed necessary to to take f
l appropriate enforcement action when regulatory requirements are I
i not met.
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