ML20245E129

Discusses CRGR Meeting 154 Scheduled on 890105 to Review fitness-for-duty.Issue Previously Reviewed as Proposed Rule at CRGR Meeting 143.Guidelines for Testing Programs & Related Info Encl.W/O Guidelines

ML20245E129
Person / Time
Issue date:	01/04/1989
From:	Sakenas C Committee To Review Generic Requirements
To:	Bernero R, Goldberg J, Jordan E Committee To Review Generic Requirements, NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
NUDOCS 8901100193
Download: ML20245E129 (4)

Text

- - - _ - - _ - -

pag

(>C(L

• • "* j ' ' g[g UNITED $TATES y-5 p,

j*

NUCLEAR REGULATORY COMMISSION WASHINGTON,D C 20555 MED TO WM

\...../

January 4,1989 MEMORANDUM FOR: Edward L. Jordan, Chairman Robert M. Bernero, NMSS Jack R. Goldberg, OGC Carl J. Paperiello, RIII Denwood F. Ross, RES James H. Sniezek, NRR THRU: C. J. Heltemes, 6fy Directo ,'AEDD FROM: Cheryl A. Sakenas Program Manager, CRGR Staff, AEOD

SUMMARY

AND ISSUE IDENTIFICATION FOR CRGR MEETING NO.15f(JANUARY 5,1989) 7 4 The topic to be reviewed during CRGR meeting No.15/ is the draft final rule on fitness-for-duty. This issue was forwarded by memorandum dated December 20, 1988, J. H. Sniezek to E. L. Jordan.

The Committee previously reviewed this as a proposed rule at CRGR Meeting No. 143 (see attached Minutes). Recommendations #1 and #4 previously identified by the Committee have really not been incorporated.

Recommendation #1 expressed concern over the inclusion of medical conditions in the rule. While the general performance objectives (see 26.10) state that the fitness-for-duty program include mental or physical impairment, the remainder of the rulemaking package provides no guidance on what is expected. In addition,.

the words reliable and trustworthy have been added here. These seem like very subjective determinations, which go beyond what is needed to assure adequate safety.

Recommendation #4 addressed the finding on the basis for this rule. The draft rule states that the action will significantly increase assurance of public health and safety, but not that the rule is needed for adequate protection as the Committee recommended. A Backfit Analysis was done with the conclusion that the costs are justified. While the Backfit Analysis does analyze the costs, the benefits are really not discussed. In answer to item 3 of the backfit analysis, a statement is made that the risk cannot be quantified and evidence is provided that substance abuse can increase accident probabilities. The link is made that I since drug use in the U.S. is in an upward trend and the nuclear industry is not l exempt, the Commission must take firm action. Implementation of this rule will '

be very costly and this approach seems to bypass the intent of 50.109.

g ()Y ].

(RC R.E CEIEER COPY

1 s, .*

In addition, there are several additional items which have been added and may warrant your review. Page 98 of the rulemaking package summarizes the changes.

In reviewing these changes, you may wish to consider the following:

1. The enclosure which describes guidelines for testing programs provides limited guidance (page 8) on the taking of a confirmatory blood test for BAC. There may be cxisting requirements on who can take blood, i.e., a licensed health professional, and under what conditions it can be drawn.

The staff should determine if additional guidance is needed.

2. Section 2.8 of the Guidelines, Quality Assurance and Quality Control, items (4) and (5) (page 18) specify reports to be sent to the NRC for unsatisfactory laboratory performance test results. This seems to be something that the licensee should address as they would with other analytical contracts and commitments. It's unclear what action NRC would take on receipt of these reports.

3. Requiring the testing laboratories to be certified by HHS may be a potential l

problem if their certification process experiences any difficulties. There are verbal assurances that this won't happen, but there is no provision in the rule ( should a certified laboratory not be available l h v-_>

Cheryl A. Sakenas Program Manager, CRGR Staff., AEOD

Enclosure:

As stated l Distribution:

Central File ,

CRFR SF CRGR CF J. Heltemes J. Conran

~C. Sakenas3 J ]r

...! ..!??FZ.....!............!............!............!............!...........

NAME

$ CASH $JHeltemes $ $ $ $ $

DATE :1/r3/89:jr :1/ /89  :  : .  :  :

OFFICIAL RECORD COPY

___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - . _ _ _ _ _ _ - - - - - _ _ _ _ _ _ - . - - - - - - - - - . _ _ _ _ _ _ _ _ - - - - _ _ _ _ _ _ ___________________a