ML20246E723

Responds to Re Constituent B Walsh Concerns Related to Walsh Termination of Employment by Morrison Const Co Due to Alleged Alcohol &/Or Drug Use.Matter May Be Properly Addressed Through Walsh Labor Union or Atty

ML20246E723
Person / Time
Site:	LaSalle
Issue date:	03/08/1989
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Hastert J HOUSE OF REP.
Shared Package
ML19316E862	List: ML20246E723 ML20246E729
References
CCS, NUDOCS 8903160306
Download: ML20246E723 (42)

Text

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/, k g UNITED STATES NUCLEAR REGULATORY COMMISSION W ASHINGTON, D. C. 20555

% j k.....,/ March 8,1989 The Honorable J. Dennis Hastert Member, United States House of Repreer.ta t ives 100 Lafayette Street Ottawa, Illinois 61350

Dear Congressman Hastert:

I am responding to your letter of February 13, 1989, forwarding the concern of your constituent, Mr. Brian Walsh, that his employment at the LaSalle County Nuclear Station was terminated by the Morrison Construction Company because of alleged alcohol and/or drug use.

Because of Nuclear. Regulatory Commission (NRC) and utility concerns with the fitness of employees while on duty, many of the nuclear power utilities in the United States have initiated " fitness for duty" programs for their employees.

These fitness for duty programs usually include random testing, "for cause" testing, or elements of both, and the utilities establish criteria for taking The employment actions against individuals for fitness for duty concerns.

NRC has a Policy Statement supporting those programs, but does not currently The NRC is in the process of regulate the fitness for duty programs. I have enclosed a copy of our Policy promulgating regulations in this area.

Statement and proposed rule for your information.

We reviewed our files and have not received an allegation associated with Mr. Walsh at the LaSalle County Nuclear Station. Since we do not have any information on file about Mr. Walsh at the LaSalle County Nuclear Station, we must conclude the allegation, described by Mr. Walsh, was received 'either by his employer, Morrison Construction Company, or by the Commonwealth Edison This matter Company, the operator of the LaSalle County Nuclear Station.betwee Mr. Walsh's labor union or his attorney.

We would be pleased to I hor the above information is helpful to you. j resr: ; to any questions you may have.

Sincerely,

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M 7 1 Victor Stello, Jr.

Executive Director for Operations i

Enclosures:

As stated Cc5*

1. I FULL TEXT ASCil SCAN

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F:dtral Rrgistir / Vol. 51,-No.149 / Monday, August 4,1986 / Noticzs \

27921 l Commission Policy Statement on abuse problems to be a social, medical, the Commission has decided to defer Fitness for Duty of Nuclear Power and safety problem affecting every implementation of the rule subject to Plant Perronnel segment of our society. Given the successfulimplementation of fitness for j 4

pervasiveness of the problem it must be duty programs by the industry as A3 ENCv: Nuclear Regulatory recognized that it exists to some extent a

Commission. described in this Policy Statement. NRC In the nuclear industry. Prudence, is publishing a separate notice in the Action: Policy statement. therefore, requires that the Commission Federal Register withdrawing the l

SUMMARY

This statement presents the consider additional appropriate proposed rule, analyzing the comments policy of the Nuclear Regulatory measures to provide reasonable on the rule, and explaning its intent to assurance that a person who is under reassess the possible need for Commission (NRC) with respect t fitness for duty of nuclear power plant the influence of alcohol or any rulemaking after an 18-month period, if substance legal or illegal which affects personnel and describes the activities circumstances warrant. The following I that person's ability to perform dutias statement sets forth the Commission's that the NRC will use to execute its safely,is not allowed access to a vital l policy on fitness for duty and describes t' responsibilities to ensure the health and safety of the public. To provide area at a nuclear power plant. how it will execute its responsibilities in i he nuclear power industry,-with this area to ensure the health and safety reasonable assurance that all nuclear assistance from programs developed power plant personnel with access to of the public.

and coordinated by eel and the Institute vital areas at operating plants are fit for Policy Statement of Nuclear Power Operations (INPO),

duty, licensees and applicants are has made and is continuing to make The Commission recognizes that the developing and implementing fitness for substantial progress in this area.

duty programs using guidance of the Industry, through the initiatives of the Edison Electric Institute s (EEI s) EEI Ilack8round Nuclear Utility Management and Guide to Effective Drug an i Alcohol / A Task Force on Drug Abuse Resources Committee (NUMARC), eel, Fitness for Duty Policy Development."It Problems, Policies, and Programs and INPO, has made progress in remains the continuing responsibility of established in 1982 by eel s Industrial developing and implementing nuclear tha NRC to independently evaluate Relations Division Executive Advisory utility employee fitness for duty applicant development and licensee Committee, published guidelines in 1983 programs. The Commission stresses the implementation of fitness for duty to help the industry address the issue of importance of industry's initiative and programs to ensure that desired results how to establish comprehensive fitness w shes to further encourage such self-are achieved. Nothing in this Policy for duty programs. They were g

• P' * *"I*

Statement limits NRC's authority or subsequently revised in 1985 as the "EEI Subject to the continued success of responsibility to follow up on Guide to Effective Drug and Alcohol / industry's initiatives in implementing operational events or its enforcement Fitness for Duty Policy Development" p a 8 authority when regulatory requirements and were provided to all nuclest [i({ss gorg u en of are not met. However, while evaluating utilities. those programs, the Commission will the effectiveness of this guidance, the A series of EEI sponsored regional refrain from new rulemaking on fitness NRC intends to exercise discretion in conferences in the fitness for duty area for duty of nuclear power plant enforcement matters related to fitness in 1982 and 1983 provided a forum for personnel for a minimum of 18 months for duty programs for nuclear power discussion of industry concerns related from the effective date,of thi plant personnel and refrain from new to development and implementation of Statement. The Commission,s Policy a decision rulemaking in this area for a period of at fitness for duty programs. Topics to defer implementation of rulemaking in least 18 months from the effective date addressed at the conferences included this area is in recognition ofindustry of this Policy Statement.The union participation. legal aspects, efforts to date and the intent of the Commission invites interested members training, and methods for handling industry to utilize the EEI Guidelines in of the public to provide comments on controlled substances. An industrywide developing fitness for duty programs.

this policy statement. conference sponsored by EElin October The Commission will exercise this DATES: Effective Date: August 4,1988 1985 provided the basis for additional deference as long as the industry Submit comments by November 3,1988' discussions on fitnese for duty based on programs produce the desired results.

the current EEI guidelines which had However, the Commission continues to AoonssEs: Comments should be sent been expanded to include information be responsible for evaluating licensee's to: Secretary of the Commission, U.S.

Nuclear Regulatory Commission, on chemical testing. As a result of efforts in the fitness for duty area to Washington. DC 20555, ATTN: increased awareness in this area, the verify effectiveness of the industry Docketing and Service Branch. Hand nuclear industry has worked to develop programs. The Commission will reassess deliver comments to: Room 1121,1717 H and implement improved fitness for duty the possible need for further NRC action Street NW., Washington, DC between programs. These programs concentrate based on the success of those programs 8:15 a.m. and 5:00 p.m. on the training of managers, supervisors, during the 18-month period.

and others in methods for identifying At the Commission's request, the FC3 FURTHER INFORMATION CONTACT: and dealing with personnel potentially industry agreed to undertake a review of Loren Bush Operating Reactor Programs unfit for duty. the program elements and acceptance Branch. Office of Inspection and On August 5,1982, the Commission criteria for a fitness for duty program.

Enforcement U.S. Nuclear Regulatory published in the Federal Register a Commission, Washington, DC 20555, EEI modified and issued the revised proposed rule on fitness for duty (47 FR "EEI Guideline to Effective Drug and telephone (301) 492-8080. 33980). The proposed rule would have Alcohol / Fitness for Duty Policy SUPPLEMENTARY INFORMATION: required licensees to establish and Development." Further, INPO enhanced introduction implement written procedures for its performance objectives and criteria ensuring that personnel in a nuclear for its periodic evaluations to include The Nuclear Regulatory Commission power plant are fit for duty. Due to the appropriate criteria for fitness for duty.

(NRC) recoenizes drug and alcohol initiatives taken by the nuclear industry, Copies of the documents describing the

" 4

, 1 l

27922 Federal Registee / Vol. 5L No.149 / Monday. August 4,1986 / Notices program elements and criteria for fitness Enforcement for duty pmgrams developed by the are several reasons why I believe that industry are provided to NRC for review V olations of any applicable reporting this would be a better approach.

aml comnet requirement or instances of a person The most important reason fer my  !

ne NRC will evaluate the being unfit for duty such that plant preference for a rule and specific safety is potentially affected will be  !

effectiveness of utihty fitness for duty guidelines is that a rule is enforceable programs by its normal review of. subject to the enforcement process. Any while a policy statement is not. With a NRC staff enforcement action pertaining rule the Commission would have a clear industry activities, through reviews of INPO prograra status and evaluation to fitness for duty of nudear power basis for enforcement action in all cases reports, periodic NRC observation of the plant personnel during the 18 month in which a utility fails to establish and conduct ofINPO evaluations, and direct grace period will be undertaken only maintain an effective finess for duty inspections conducted by the NRC's with Cornmission concurrence. program. The NRC has broad authority Performance Appraisalleams Regional in addition to required reports and under the Atomic Energy Act to take Office. and Resident inspectors. NRC inspections, information req uests under enforcement action by issuing as order will also monitor the progress of 10 CFR 50.54[f) may be made and should there be an immedinte threat to mdividual licensee programs. enforcement meetings held to ensure public health and safety. The IJy way of further guidance to understanding of corrective actions. Commission would also be able to take licensees.

Commission expectations of Orders may be issued where necessary enforcement action if it could tie a licensee programs for fitness for duty of to achieve corrective actions on matters specific safety problem to a lapse in the nuclear power plant personnel may be affecting plant safety. licensee's fitness for duty program.

summartzed as follows: In brief. the NRC's decisioin to use However, the Commission is unlikely to ,

• It is Commission policy that the sale. discretion in enforcement to recognize be able to do so. For example. if a '

use. or possession of alcoholic Industry initiatives in no way changes maintenance worker makes a mistake in the NRC's ability to issue orders. ca!! assembling safety equipment because he beverages or illegal drugs within ,

enforcement meetings. or suspend is under the induence of drugs or alcohol protected areas at nuclear plant sites licenses should a significant safety is unacceptable, and equipment later malfunctions. It is problem be found. unlikely that the true cause of the

• It is Commission policy that persons Nothing in this Policy Statement shall within protected areas at nuclear mistake would be discovered. In fact, limit the authority of the NRC to conduct the problem would mostlikely be power plant sites sha11 not be under inspections as deemed necessary or to the influence of any substance. legal attnbuted to some defect in the worker's take appropriate enforcement action training. Further, waiting until a specific or illegui. which adversely affects when regulatory requirements are not safety problem surfaces or as inunediate their ability to perform their duties in met. threat occurs and then trying to correct any way related to safety, ne separate views of Commissioner the fitness for duty program after the j

• An acceptable fitness for duty Asselstine follow: fact is not the best way to ensure that program should at a minimum indude This Policy statement is a step in the licensees have effective fitness for duty the following essential elements: right direction. Human error is a programs. Thus, our general (1) A provision that the sale, use, or dominant factor in the risk associa ted enforcement authority does not provide possession of Illegal drugs within the with the operation of nuclear power us with enough flexibility to deal with protected area will resultla plants. An adequate fitness for duty all potential fitness for duty problems in immediate revocation of access to program is essential to reduce the a tunely manner. Absent a specific

' vital areas and discharge from nuclear chance that human error will be caused event,it would not allow us to do much power plant activities. The use of by utility pers alcohol or abuse oflegal drugs within related work m,onnel a drug orperforming alcohol safety.of anything af a licensee simply has not developed or implemented an adequate the protected area will result in impaired state. %is policy statements program. This policy statement imme a rev puts the Commission on record as represents a continuation of the reacthe

,, dp b endorsing the concept of a drug and approach to regulation which has so from nuclear power plant activities. alcohol free workplace at plant sites, often failed in the past.

(2) A provision that any other sale, and thaus usdut ne statemed also A seegnd mason 6 my pyefezence b Possession, or use ofillegal dru8s will 8i""'

• me go dance on what the

. a rule with minimum guidebnes is that result in immediate revocation of Commission expects of licensee fitness the policy statement is too amorphous.

access to v4tal areas. mandatory for duty programs. However. I believe Even the " specific" guidance the rehabihtation prior to restatement of that the Commission should have gone Commission does provide is fairly access, and possible discharge from further.

vague. The policy statement provides nuc! car powe plant activities. Insteed of merely issuing a policy little insight into what the Commission (3) Effective monitoring and testing statement. the Commission should have considers to be an adequate fitness for procedures to provide reasonable promulgated a rule.The rule should be a duty program or what standard the staff assurance that auclear power plant relatively simple, nonprescriptive rule is supposed to use as it monitors the personnel with access to vital areas which would do two things. First, it progress of the industry over the next are fit for duty, would prohibit anyone who is unfit for eighteen months.

duty from being permitted access to The industry, by periodic briefings or The Commission should work together vital areas of plants. Second, it would with the industry to identify the other appropriate methods. is expected require licensees to have a program and to keep the Commission informed on essential elements of an adequate procedures to ensuna that no one who is fitness for duty program. While the program status.The NRC may also from time to time ask individuallicensees to unfit for duty gains access to vital areas. policy statement comments favorably provide such information as the The Commission should then work with upon the EEIguidelines deseloped by I the indostry to develop guidance on the industry, those guidelines are Commission may need to assess pmgratn adequacy. what are the essential elements of no optional, not mandatory. The utilities adequate fitness for duty program. There can, therefore, pick and choose among

. I 1 i

, Fcdiril Register / Vol. 51, No.149 / Monday, August 4,1986 / Notices 27923 the various elements and decide For the Nuclear Regulatory Commission. Description of Respondents: These whether to include them in their I.ando W. Zech, Jr forms describe the rights and programs. Moreover, the EE! guidelines Chairman, {

responsibilities of the SBA, a lender, themselves are quite generalin nature, i

[FR Doc. 86.-17497 Filed 6-1-66: 8:45 am) and the investor when the guaranteed l and are subject to varying au o coo 7m ... portion of a loan is sold.

Interpretations. Absent furtherguidance Annual Responses: 3.200 l on what is an acceptable fitness for duty Annual Burden Hours: 12.000 t

program, the utilities can and probably Type of Request: Extension will adopt widely differing approaches S Al.L BUSINESS ADMINISTRATION on such elements as chemical testing

Title:

Profile of Score / ACE Volunteer Age cy information Collection with international trade experience and offsite drug use. Not all approaches Activt s Form no. SBA 1202 are likely to be acceptable.The i Acnow: tice of reporting Frequency: On occasion l Commission should not wait until18 Description of Respondents:Information '

months from now, when all the utilities requ remen submitted for review, is collected by SCORE / ACE chapters are supposed to have thet p c;; rams in

SUMMARY

Un the provisions of the when new members join the place, to let the industry xnt n whether Paperwork Redu ion Act (44 U.S.C. organization,1f they have the Commissioit agrees with what they Chapter 35), agenc : are required to international trade experience.

have done. The "orr.nission and the submit proposed rep rting and Annual Responses: 500 industry ought to decide now which recordkeeping require ents to OMB for Annual Burden Hours: 34 elements are absolutely essential to an review and approval, a to publish a Type of Request: Extension adequate program, and then everyone notice in the Federal Re ter notifying will be working from a common base of

Title:

Financial assistance request to the public that the agency as made participate in International Trade understanding. such a submission.

Exhibition or mission The Commission and the industry DATE: Comments should be su mitted Form no. SBA 1369 should also establish the specific criteria within 21 days of this publicati in the Frequency: On occasion against which individuallicensee Federal Register. If you intend to Description of Respondents: The programs will be evaluated so that the comment but cannot prepare com ents information requested is necessary for l ground rules for evaluating programs promptly, please advise the OMB SBA to evaluate a firm's eligibility to '

and for monitoring progress will be in Reviewer and the Agency Clearance receive a grant or financial assistance Officer before the deadline, l place before the 18 month monitoring to participate in an international trade period begins. Absent such guidelines,it Coples: Copies of forms, request for . exhibition or mission.

is difficult '. aee how INPO and NRC clearance (S.F. 83s), supporting Annual Responses: 100 staff reviews of these programs will statements. instructions, and other nnual Burden Hours:175 provide any meaningfulinsights as to documents submitted to OMB for review pe of Request: Extension their adequacy. may be obtained from the Agency Ti e: Client Export File Thus, to ensure enforceability, to set Clearance Officer. Submit comments to For no. SBA 1174 the ground rules in advance and to the Agency Clearance Officer and the OMB Reviewer- Fre9 encY: On occasion ensure that all utilities meet at least a Dese tion of Respondents: Th is minimum set of standards, I believe the ma mamEn INmmMamN cwAm info ation is necessary in order to Commission should issued a rule and Agency Clearance Officer: Richard identi the firm's needs and is used should establish guidance in Vizachero, Srnall Business to crest a program of export cooperation with the industry, on just Administration,1441 L Street, NW., develop ent for the small business exactly what are the essential elements Room 200, Washington, DC 20416, requestin counsehng m international of a fitness for duty program. Telephone: (202) 653-8538 trade.

The additional views of the OMB Reviewer: patricia Aronsson Annual Respo .es: 5.000 Commission follow: Office of Information and Reguletory Annual Burden ours: 850 The Commission does not share Affairs, Office of Management and Type of Request: xtension Budget New Executive Office Commissioner Asselstine a great

Title:

Personal Fin cial Statement Building, Washington DC 20503, Form no. SBA 413 concern about the legally non-bindm.g Telephone: (202) 395-7231 character of the policy statement per se. Frequency: On occas n The Commission a hands are not tied if

Title:

Executive Qualifications Description of Respon ents:This it finds inadequate compliance with Questionnaire information is used t assist the straight. forward and explicit policy Frequency: On occasion Agencyin determining he financiul guidelines.The Atomic Energy Act Desenption of Respondents: This strength of an individua for a loan or ronfers broad authority for the information is requested from loan guaranteed by SBA.

Commission to take prompt enforcement applicants for SES positions to assist Annual Responses: 76.500 in evaluating qualifications for a Annual Burden Hours:70.500 action should any licensee facility,in vacancy. Type of Request: Revision the Commission's judgment. not be Annual Responses: 400

Title:

Inquiry Record operated in a manner that protects the Ar.nual Burden Hours: 400 Form no. SBA 149 public health and safety. A policy Type of Request: Extension statement, at this lURClure, offers the Frequency: On occasion quickest means to achieve the end we

Title:

Secondary Participation Guaranty Description of Respondents: This all desire. and Certification Agreement and information is required at the time o Request for Certification interv!ew so that the applicant can Dated at Washington. DC, this 30th day of Form nos. SDA 1065,1080 luly 1966. communicate the loan needs to Frequency: On occasion agency, and to determine the size and f

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Proposed Rules . - rd-air + ~ u s. ,.

yet. 68. No.164 d e - t.

Thursday, Septeniber 41988 -

This section of the FEDERAL REGISTER Done in Wsshington DC on September 14, assistance programs and appeal contains notices to the putsc of the 1988.

proposed issuance of rules and procedums. 4 -

Edward D. llows' DATES: Comments sh'o uld be submitted

[*8"$' in es s .s ^8 co Pomg88'#8d*r" CNPin8"n* by November 21,1988. Comments opportunity to participate in the rule received after this date will be making prior to the adoption of the final [ Doc. 88-2M FUed S-2W M amj considered if it is practical to do so, bed rules. suo cons me-esas assurance of consideration cannot be given except as to comments received NUCLEAR REGULATORY DEPARTMENT OF AGRICULTURE COMMISSION ADORessEs: Comments should be sent to the Secretary of the Commission, Federal Crop insurance 10 CFR Part 26 Attention: Docketing and Service Branch, U.S. Nuclear Regulatory Fitness-for-Duty Program Commission, Washington. DC 20555, or 7 CFR Part 449 may be hand-delivered to the Office of AGENCY: Nuclear Regulatory

[ Amdt. No.1; Doc. No. 604451 Commission. the Sectetary, US. Nuclear Regulatory Commission,11555 Rockville Pike, ACTION: Proposed rule. Rockville, Maryland, between the hours Fresh Market Sweet Corn Crop of 7:30 a.m. and 4:15 p.m. weekdays, or Insurance Regulations ""

,' 's1on g ,, ,e the Public Document Roon. 2120 L SL.

AGENCv: Federal Crop Insurance require licensees authorized to operate NW., Washington, DC 20555, between Corporation. USDA. nuclear power reactors to implement a the hours of 7:45 a.m. and 4:30 p.m. .

u po m, e gewal weekdays.

ACTION: Withdrawal of Notice of as;for Proposed Rulemaking, 9 , j FOR FURTHER iseroRMAriON CONTACT:

reasonable assurance that nuclear . Loren Bush, Reactor Safeguards Branch,

SUMMARY

The Federal Crop Insurance power plant personnel are not under the Division of Reactor Inspection and Corporation (FCIC) publishes this notice influence of any substance, legal or Safeguards, Office of Nuclear Reactor for the purpose of withdrawing a Notice illegal, or mentally or physically Regulations, US. Nuclear Regulatory of Proposed Rulemaking (NPRM) impaired from any cause, which in any Commission, Washington, DC 20555, amending the Fresh Market Sweet Corn way adversely affects their ability to Telephone: (301) 492-0944.

Crop Insurance Regulations by safety and competently perfom their sOPPt.EMENTARY INFORMATION:

extendin duties. One major element of a fitnese changes.g FCICthe hasdate for filing determined that actuarialfor-duty program and the focus of this Background these regulations are subject to further rule, is to assure safety by creating an On August 5,1982, the Commission review before the issuance of any environment which is free of the effects published for comment a proposed mie proposed rule changes thus negating the of drugt. The rule would, with limited to require licensees to develop and need for an extension of filing date. exceptions, apply to allindividuals implement written procedures FOR FURTHER INFORMATION CONTACT, granted unescorted access to protected concerning fitness for duty (47 FR ~

areas, and to any licensee or contractor Peter F. Cole, Secretary. Federal Crop 33980). Seventy-three responses personnel required to respond to the g insurance Corporation U.S. Department containing 310 comments were received ,

of Agriculture, Washington, DC 20250, licensee's Technical Support Center and considered during the Commission -

telephone (202) 447-3325. (TSC) or Emergency Operations Facility deliberations on the proposed rule (51 SUPPLEMENTARY INFORMATION:On na ana w ensee 872). Subseqdy, in recWon Wednesday, March 2,1988 FCIC emergency plans and procedures. Under ofinitiatives and commitments made by published an NPRM in the Federal the proposed rule, testing for the industry to develop and self-manage Register at 53 FR 6655, which proposed impermissible drug use would be fitness-for. duty programs, the conducted prior to authorizing Commission decided to defer to amend the Fresh Market Sweet Corn Crop Insurance Regulations (7 CFR Part unescorted access to protected areas or implementation of the rule, to issue a assignment to out activities within the policy statement to further encourage 449) to extend the date for p for filing scope.cy of the proposed rule, randomly for such self-improvement and to reconsider forin uri g fr 1 marl t ee co such licensee and contractor personnel, the need for rulemaking after evaluating after certain operational events, based the experience gained under the Upon review, FCIC has determined on reasonable cause, and to verify . Industry program. The Commission's that the Fresh Market Sweet Corn continued abstention. In addition, the Policy Statement on Fitness for Duty of Regulations are subject to further review proposed rule provides for other basic Nuclear Power Personnel was published which has the effect of negating the fitness-for duty program elements such in the Federal Register on August 4.1986 need for extension of the present filing as the development of written policy (51 FR 27921). Ten respondents date for contract changes. Therefore we and procedures, provisions for the commented on the policy statement believe that the proposed rule published training of supervisors and employees, (SECY- 87-64). On December 1,1987. the at 53 FR 0855 should be, and is hereby, standards for drug testing, management Commission was briefed by the Nuclear withdrawn. actions, and requirements for employee Utility Management and Resources L--_--____ - - _

\ t 36796 Fcdtr:1 Register / Vol. 53, No.164 / Thursday September 22, 1988 / Proposed Rules Council (NUMARC) and the NRC staff effectiveness of utility fitness for-duty its consideration of public comments on the experience gained to date and on programs, from assessing reported drug provided in response to this proposed the status ofimplementation of the related incidents, and from reviewing rule.

Commission's fitness for-duty policy similar rules being developed by other The Commission seeks comments statement. -

Government agencies. from knowledgeable persons on the Discussion The Commission also considered scientific and technical basis of the whether the proposed rule should be proposed rule and the consequences of The Commission recognizes and I

applicable to persons having eccess to drug use on the safe operation of a ap ates e ican t information requiring protection, such as nuclear power reactor. The Commission Y Y national security information, also seeks comments on the following:

(Institute of Nuclear Power Operations INPO), the Edison Electric Institute safeguards informa tion, or proprietary 1. Are there practical alternatives to an e h uc ar po er actor information.The Commission believes random testing, not discussed herein, d

that determinations of eligibility for that provide equivalent deterrence and p p g access to protected information based detection of drug use?

fitness-for-duty programs for nuclear on the current to CFR Part 10, or the 2. What practical alternatives, not power plant personnel. Much progress proposed Nuclear Power Plant Access discussed herein. exist that could fforts$ vi an envi Authorization Program policy statement determine physical and mental e in which nuclear power plant operations published on March 9,1988 (53 FR 7534), impairment?

Will provide a suitable mechanism to are free of the effects of alcohol and 3. What rates of random testin8 and durgs. Nevertheless, the Comrnission's pr te t that information from those retesting provide an , acceptable evaluation of experience gained in the individuals whose trustworthiness may probability of detection and adequate be in question. deterrence? What should be the basis 18 months since the policy statement became effective indicates that In considering the minimum for any future modifications in the rate rulemaking is now ap ropriate. During requirements of this proposed rule, the for random testing? Chairman Zech and the December 1,1987 riefing on the Commission has decided to require Commissioner Carr believe, in view of implementation of the policy statement, certam programs that could be viewed the military s experience with testing the Commission was informed that as rightfully bems left to the discretion cited in sect >on IV of this notice, that a

' licensees did not have uniform program Qcensee management in structuring 300 percent annual testing frequency is standards, there were significant ,

their programs t more appropriate to ensure that the

'1 differences in key program elements, objectives, deah,o meet fitness.for ng with employees, and duty testing program provides an adequate in establishing their benefits. For and that there were many factors that deterrent. They request specific made it unlikely that the nuclear example, the Commission proposes to comments as to whether a 300 percent industry could achieve uniformity at the require that licensees maintain annual testing frequency (Alternative B)

'. . desired level. For example,(1) not all Employee Assistance Programs and that or Alternative A in i 26.24.(a)(2)in the licensees were condocting random tests, individuals be trained in the health proposed rule is the more effective some because of union intervention or hazards of drug abuse. The Commission testing scheme,la there some other prohibition by state laws (2) drug seeks comments as to whether these alternative that should be considered?

testing cutoff levels varied significantly, program elements should be in the rule Data to support recommendations are

(' some of which were inadequate (3) or included as recommendations in requested.

disciplinary actions in response to implementing guidance. 4. Are there effective alternatives to positive test results varied partly due to in addition, the Commission has the " Mandatory Guidelines for Federal the degree oflocal tolerance toward the preliminarily decided not to include Workplace Drug Testing Programs" various fitness-for-duty conditions, and several matters in the rule. These issued by Health and Human Services E (4), training and awarness programs matters are summarized in the (HHS) on April 11,1988 (53 FR '11970) g needed to be improved by many Appendix to this Faderal Register that the Commission should adopt as licensees. The current and apparently Notice. The Commission seeks minimum standards for fitness-for-duty

[ continuing lack of uniformity in these coinments as to whether these matters programs at nuclear power plants?

r key program elements was the basis for should be added to the rule or included 5. Are there any additional quality I the Commission request that a proposed as recommendations in implementing control measures or appeal procedures

!' rule be prepared. The rule is designed to guidance. In this regard, Public Citizen that should be considered to protect the take into account existing programs, (a public interest group) submitted a rights of individuals being tested, to rectify the shortcomings as stated letter on June 4,1987, petitioning 1he ensure that individuals are not

. above, and establish uniform standards Commission to amend its regulations to misidentified in the process as drug to promote the public health and safety. require licensees to report:(1) All users, and to provide a mechanism to .

, The proposed rule takes into account instances of drug and alcohol use by correct any errors? Specifically, who j the many positive aspects of existing personnel while on duty, (2) the details should have access to knowledge of the Industry programs while providing for of fitness-for-duty programs,(3) the - results of unconfirmed initial test results l more uniform program standards, with results of rehabilitation programs, and (employee, immediate supervisor, higher l due regard to both public and worker (4) the results of drug testing programs. management levels)? What procedures l safety and the rights of individuals. In This letter was not noticed due to the are necessary to assure appropriate l developing this proposed rule, the NRC moratorium on rulemaking on fitness for privacy? {

staff considered public comments duty established by the Commission's 6. Should the Commission provide i received in response to the 1982 Policy Statement (51 FR 27921). general guidance on potential I proposed rulemaking and the 1986 policy However, NRP staff communicated with impairments, such as alcohol abuse and i statement.The staff also considered Public Citirn - ?.d informed them of the prescription drugs? How should such j industry experience reported to the Commission's intent to address the guidance be implemented in a fitness- l Commission, together with lessons issues raised. The Commission will for. duty program? Should any random I learned by the staff from evaluating the address this request in conjunction with testing program be expanded to

q t Fzdtrxl R gistir / Vol,53, No 184 / Thursday, September 22, 1988'/ Proposed Rul'es 36797 encompass legal drug and alcohol? If so, relative safety significance of the wide would like to see a documented basis should the response to a positive test for variety of specific construction steps for this. Why not the whole site? Why' alcohol be the same as for illegal drugs? and crafts involved, (2) the extent to not only control room operatorst This What should be the response to a which the controle described above do may be the correct class of workers but I positive test for legal drugs? or do not tend to provide adequate would like a rationale. . l' 7, How long should a person be barred identification or mitigation of individual

• The rule portends to provide from performing activities within the failures in performance in these areas reasonable assurance that workers are scope of the proposed rule following and, accordingly,(3) the nature and not impaired from a variety of removal under the fitness-for-duty extent of any fitness.for-duty program substances, yet it is only focused on policy, and under what circumstances elements which shoud be applied to illegaldrugs. I would like comments on should reinstatement be allowed? How these activities. An example might be the nature of the impairment suffered by long should records of this removal be the welding or reactor primary system abusing legal drug and alcohol. If the retained to facilitate future employment boundaries, structures and supports, and industry program is sufficient to provide decisions? safety-related systems, as opposed to a reasonable assurance that legal drugs

8. Are the categories of workers balance of plant weldin8- and alcohol are not causing impairment identified for testing appropriate, or is Although fitness for duty programs of workers at nuclear power plants, why some other population (whole site, are intended to provide reasonable is it not sufficient-in conjunction with control room operators only) necessary/ assurance that individuals are not usin8 the local law enforcement agencies-to sufficient for safety? or under the lofluence of any substance, provide the assurance for illegal drug?

9. Should training on the items or mentally or physically impaired from Why are alcohol and abuse oflegal covered under 3. 4, and 5 of l 26.22(a) be any cause that could adversely affect drugs excluded from our area of provided to all employees covered under safety, the specific program elements concern?

the rule so each employee can recognize and procedures contained in the . The staff does an excellent job in drugs, indications of the use, sale, or proposed rule apply only t,o drugs. In describing the effects of marijuana, possession of drugs, and impairment of meeting the proposed rule a a person covered under the rule and cocaine, opiates, phencyclidine, and requirements that licensees provide amphetamines and of citing expert know what action to take? reasonable assurance that its employees works to support their descriptions.1 -

10. Finally, the Commission is are fit to perform their duties, specific especially interested in receiving note that each one of the categories of measures for addressing alcohol, legal comments on the extent to which NRC drugs to be tested have observable drugs, and other health problems, such regulations on fitness for duty should effects. Given that the purpose of as mental stress and fatigue, are left t cddress other regulated activities not the discretion of each licensee, random testing is detection and currently within the scope of this deterrence,it seems to me that testing Commissioner Roberts has the proposed rule. Regulated activities being following additional comments: After ld b th I d considered for rulemaking or a reviewing the proposed rulemaking I$e a t v since i ca o o er Commission statement of policy include: " Fitness-for Duty Programs". I feel a detection, and deterrence while having a

• The construction and pre- much better chance of being found to be certain kinship with Sisyphus.1 must, operational testing of nuclear power then, repeat my objections to this constitutional.

plants prior to the issuance of a license proposal and request public comments

• Finally,1 am concerned that we and the loading of nuclear fuel. on them. Indicate the illegal drugs to be tested.

• The operation of nonpower reactors The stated general objective of the the frequency of the tests, the mode of used in academic, research, and proposed rule "is to provide reasonable testing and yet are slient, other than for commercial applications. assurance that nuclear power plant a "do good" statement, on the details of a Fuel cycle facilities involved in the personnel are not under the influence of procedures to ensure protection of the possession and processing of plutonium any substance, legal or illegal, or rights of those tested. How or uranium in highly enriched, low mentally or physically impaired from going to ensure that those ghts aren,is the NRC enriched, or natural uranium forms. any cause, which in any way adversely protected? If we rely on the unions to

• The utilization of nuclear materials affects their ability to safely and protect their members, how are we going in other activities such as radiography, competently perform their duties." As to assure there will be " uniform progtum product irradiation, radiopharmaceutical one who believes in zero tolerance of standards"within the industry?

production, nuclear medicine, uranium drugs or alcohol abuse,I fully agree with I firmly believe the prudent milling activities, production and use of this objective. However, the proposed Constitutional path leads to {

various sources, and radioactive waste rule as written is insufficient in certain modification of this rule.

disposal activities, fundamental respects and I question While fully supportive of programs to Options Considered whether it can accomplish this address the national problems of drug objective. My specific comments are as in developing this proposed rule, and <!cohol abuse and to provide for the follows: various options were cons.dered health and safety of individual workers.

• I still find no nexus made between covering the following subjects:

the Commission's policy on the the categories of workers chosen for regulation of fitness for-duty programs I. Impairment amdReliability testing and their safety related duties. ,

i for persons involved in the above "The rule would, with limited The use of alcohol and drugs can activities will primarily be based upon exceptions, apply to allindividuals directly impair job performance. The considerations for the safety of the. granted unescorted access to protected effects of alcohol, which is a drug, are public and fellow workers. ' areas, and to any licensee or contractor well known and documented, and in the matter of requirements for personnel required to respond to the therefore, are not repeated here Drugs l fitness for-duty programs at nuclear licensee's Technical Support Center such as marijuana, sedatives, power plants undergoing construction (TSC) or Emergency Operations Facility hallucinogens, and high doses of and pre-operational testing, the (EOF)in accordance with licensee stimulants could adversely affect an  !

Commission requests views on: (1) The emergency plans and procedures."I employee'a ability to correctly ludge I

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36798 Federal Register / Vol 53, No.184 / Tisursday. September 22, 1988 / Proposed Rules i

A study of the effects of marijuana l  !

. situallans and maka declaiess @iUREC/ A Marthenne i se,, rug and Alachen Abu %e 1. Backgravnd!19equent smokingof infamication on vehicle driving Bases fes Employee Assialance performance demonstrated that those marifuena is associated with a decline who wereintoxicated hadworse hogpame lathe NeckealadusarW" in sociaf, mentaf. psychomotor, and available from the Metenal Technica& perceptuel skilfs. lWarijuana intoxication composite driving performance thew 3 impein motor vehicDr drivfng skillr sach those who were not intoxicated.The Infonnanoa ServicakThagneatest

. Impament occma shortly after use se as meterecordinathm, eye tracking study aise showed tflat even small . 1

. abuse, and the negative shor& terne skille, endperceptual fonctions doses of marijuana impaired driving, .;

'II'88^ ORI """' Psrfonaance (Schwere andHawks,1985) Marifuana ability (Kronoff:19Mt Fehrand frafanf,  ;

(includingsubtlece margina6 intoxication impairs sensory /percepfnag 19e4 )

impairments that are difficult for a performance such a hearing and vision Studies of the effects ofmarijuane orr i

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supervisor le detesh) cassiss6 for several (Mhrray,1985). Marijuana intoxica(fon aircraR pifot perfbemance showed that house er daya- con shorten attention span, decmase marijuane can produceresidual

' Ties proues,with doesrannmy memraf dexterity; andimpairmotor behavioral effects 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after impairments that there are many steadiness (Murray,1988t NUREG/CR'- ingestion. Simple performance measure '

degrees of physicaland mental 3198,195et refurnedwithin beseline levels in e impairment some of which cannetbe Marijuumr intoxication impair, relatively r% ort time: highly compfer {L detectedby current methodt performance of cognitive and physicar aspecte ofthe easii showed deficits 24 t Fwthermore, a positive urine test result - tasks (Tehr and Kalanr.1987J. Studies hours after ingestion (Yesavage, er af.,

does aos estabush thee an individeal is have shown forms ofcognitive 1985:.Wbleh,19877 Hengover effects of currently subject es any physielegicaller impainnentsuch as interference wit!, nurrifuana induce significant residua f I l psychological effects of a drug. The most leaming, fmpaired namericaf reasoning, subjective and' behavioraf effects at ,

diactmeasurements of surang and interference with the trensfer or feast nine hours after smoking (f.e., the i impairnesas fress teste of bedje fluide are information from short. term ta long. term next merning] (Chait, et al.,1985; W'alsh, I obtained finsa gests of fluidin brein, memory and susceptibinty fo distraction 1887L :j tissue ibliowed br tests of blood serum, or stress (Wrray,198e, NUREC/CR'- Relatively low amounts of marijuana -

Althougli a posee arias sesf result mey 2135,1983).The farger the dose, the combined with alcohotcan have serious nos indicate surrent kupeirreent it ca, greater the perceived sublective efTect of disruptive e& cts on performance a "high."'and the greater the effect on (Satton,1983: Ross and Ross,1985I. On b provide reseenoble evidence is support the conclusies that intperson wee P B Ysfologic indexes, such as increaserf - sorse tasks.the effects orcombined 3 heart ra te (Brum.1984). Research has alcoholand marijuana have shewaass g impairedocmessmally impeired. For clearly demonstrated that the degree of antagonistic or less thart additiva q-these reasons, the settenetaken by impairment in individual subjecta is reactionbetween the two druga. Law employers ist response te drug use ay, dose refatedde., the greater the dosa,, doses ormarijuana camhined with -

l typicallybased err")ellabilley-deteruifnetlens rether than eboervebre, the greates tha degree nfimpaisment. alcohol produced an antagonistic effect; (Chesher.198BJ, It shaufd ba noted that hfgh doses of marijuana combined with evidensesiimpelsment.

the potency atstreet samples of alcohol produced additive afEacts. Tha ,

Reliability determinations are based, effects pro <hced by these drugs when marijuana continues to rise,and la upon e weR-foumfed assumption that. -

theuse of thedrugor afschof resufta hr typicaffy two to four times (and for some used singularly andin combinadan  !

14 timeslgreater than that used in most produce qualitatively and quentitativoly impefred motorand mentaP functioning. different effecta (Chashes.1986)

De essumptferr ense the useafiftiert mesarch(Cohen 19es).Thaimplication is that!'=aa%nt fkom maribana la Another study concluded that both drugt and the misuse of alcohol can , maribana and alcohot had significant likely to hemoraacute thanthat.

cause signiffeant onrthe.{phImy.L J rep rtediathaliteratura effecta ca driving performance, and tbe  !

is supported by thescientificliterature, There are sig$ cant differences, effects were particularly detrimental. g The findings of the studies cited herein betweencasualand heavy users of when both drugs were combined j suggest the filtefyeffbett of substance mari]uana.Ih oma study casual users of Marijuana effects had a more rapid use en Job performance af nuclear, marijuana madaSve, times as many onset than those of alcohol and were f d errors on a dividsdrattention task when st. .ewhat less severe fas most taaka

,P( ants.Th they were smoking an ad libitum dose of (Peck, et al.,1986). '

experts in the hld prfor ter pubEcation) marijuana as they did when they were Combining alcohol with marijuana.

smaking the placebo, Heavy users didi can significantly impais cognitive and expen e abeeftni th findings n t abow anyincmaseof errors la the psychomotor task performance. Studies that are IlketY to be valid- ad libitum dass conditica.. A similar of airplane pilot performance in simulate The following.providea a summary of study ca-aadaa casual and heavy usera flight demonstrated that pilots.made 6 the researcf literature on druguse and showed th'at heavy users displayed significant maior errors (becoming lost Impairment for the five drug types foe masa heatility, poores work adjustment, os stalling) and minor errors (altitude which random drug testing is required and worsainterpersonehelations than and heading deviations) la performance, (marijuane.casalna, opletes, did tha casual users.(Murray,,198$ even though they knew they were under phencyc!! dine, and amphetamines), The The effectsof marvanaintexication' the influence of martinana and I recendy puhllahed"SecondTriennial on socialintesaction. vary.Some attempted to compensate for the affscts Report onDrug Abuse andDrug, Abuse subjects become withdrawas other- (Janowsky, at al.,197er Rosa and Rase, Research toi tha Congress," from. the subjects moea aggressive.Mariju me 1985). Similar driving simul'anar studies Secretary.Depasta mt of Health and intoxicationgenerallraffecta sociak showedmaior performance decrements i Human Service.,puished la1982, behavior ansLinteractionina variety of ~ (ability tomaneuver. negotiate curves.

containsa summary of recent researsh measurable forms,a fact with some following.armther car, passing a car, findings which are consistant with thoes implications forcrew as wellas. etc.)(Smiley, etal 19tt:.Moskowitz described below- indluidual performance. 1986T. performance decrements are alsa

F;dir:1 R: gist:r / Vol. 53 No.184 / Thursday, September 22, 1988 / Proposed Ruhs 36799 noted for handsteadiness, execution of use or intoxication. Marijuana can accumulating that marijuana may also movements, and body sway induce acute memory impairment that have long. term health effects which (Moskowitz,1985). A battery of directly affects learning through a directly affect performance, such as cognitive tests also revealed dysfunction of normal storage and impaired memory (Murray,1988). Long-performance decrements that were retrieval mechanisms (See discussion, term adverse health effects due to additive when marijuana and alcohol Walsh,1987). chronic use, such as physiological were combined (Chesher,1988). 2. Physica/ Signs of Abuse. Symptoms damage, are increasingly evident Based on evaluations of a variety of of marijuans use are chronic fatigue and (Cchen,1988).

actual and simulated driving lethargy, chronic dry irritating cough, Cultural and socioeconomic factors performance tasks under the influence chronic sore throat, chronic may influence the definition and of marijuana, one study noted that conjunctivitis (red eyes), or dilated identification of adverse effects,

' subjects intoxicated on marijuana pupils (Blum,1984). especially those related to complex appeared to realize that they were 3. Tolerance and Withdmwal- emotional or cognitive functions (Fehr impaired and compensated for this Tolerance to cannabis is complex. It is and Kalant,1983). For example, impairment on task performance know that tolerance to impaired performance due to marijaana whenever they could. Such tetrahydrocannabinol (THC) develops intoxication is more likely to be compensation is obviously not possible with prolonged use. Novice users have a recognized in a control room operator in unpredictable or emergency situations moderate degree of tolerance which than a janitorial worker.

(Smiley,1988). actually decreases with repeated use. Cannabis use is usually combined One study notes that when the subject Tolerance then increases with heavy with tobacco and alcohol, and less is intoxicated due to marijuana, even use. There is no definitive evidence that though the subjective feeling of being frequently with cocaine, phencyclidine chronic users require increasing amount (PCP), and other drugs. When combined high may no longer be present, of THC to maintain the same effects. with other drugs, the effects of cannabis performance decrements may still exist. Experienced users do withstand higher possibly lasting several hours. Thus an on the user can be influenced by the doses than novices, though, and it is operator may be impaired without evident that chraaic marijuana users other. drugs: cannabis can also affect the realizing that his or her performance is develop tolerance to the effects of THC reaction of other drugs in the system still being affected by marijuana W" d }

(Agurell and Hollister,1988; Blum,1984).

intoxication (Blum,1984). Withdrawal symtoms after marijuana M I i to imPalt human 1' actors such as dosage, degree of intoxication are mild, such a lassitude or judgment, short term memory, and toms psychomotor functions such as driving impairment, the operator must andeabe and experience considered when of mild headache.

after chronic Withdrawal marijuana use is ha sym$ted an automobile (Murray,1988). Research generalizing from clinical results to (e.g., headaches, stomach cramps, in the complex psychoactive and work settings (Fehr and Kalant,1983). feelings of lassitude) are attributed to behavioral effects of manj,uana has Other factors for consideration include psychological dependence (Murrey, produced somewhat limited and the type of task to be perfumed and the 1988).

qualified conclusions. It is known, environment in which it is performed. 4. Discussion. The studies to date however, that marijuana can Studies of the long-term or chronic have focused upon the observable short. significantly impair performance during effects of marijuana use on behavior are term effects of marijuana intoxication. intoxication. impairment due to sparse. However, one study notes that These studies of marijuana intoxication hangover effects, chronic use, and heavy chronic cannabis users exhibit show significant effect on cognitive and withdrawal are also posrible.

behavior labeled as " motivational physical task performance. The findings D. Cocaine Syndrome", Characteristics of are not entirely conclusive; there are motivational syndrome include apathy, inconsistencies, for instance, on the 1. Background. Cocaine is a central reduced drive and ambition, impaired findings regarding memory and learning. nervous system (CNS) stimulant.

ability to carry out complex tasks. This is attributed to the methodology of Cocaine has many behavioral and failure to pursue long term plans, the studies as well as the unique pharmacological properties which are reduced tolerance to frustration, characteristics of cannabis, which is a simi'ar to amphetamines (Fischman, diminished communication skills, complex psychoactive substance. The NIDA Research Monograph #50,1984).

neglect of personal appearance, and majority of studies suggest, however, Cocaine primarily affects brain sluggish mental responses. These that the more complex a physical or functions. Cocaine can induce feelings characteristics are not specific to cognitive task becomes, the greater the of euphoria, relieve fatigue and chronic cannabis use; they are found likelihood that detectable marijuana boredom, and produce effects which are with a number of psychoactive drugs, intoxication will significantly affect or cimilar to local anesthetics (Washton primarily those of a sedative-hypnotic impair performance. Certainly, the and Gold,1987). Given cocaine's recent nature, and may be labeled " chronic performance of both routine and elevation to the status of a major drug of cannabis intoxication"(Fehr and emergency-related tasks in a nuclear abuse, cocaine psychopharmacology Kalant,1983). power plant would usually qualify as and studies of the general behavioral Lasting effects of marijuana use may complex. effects of its consumption by human impair the transfer of new information Long-term studies of chronic beings are not as weil developed as into long-term memory storage (Fehr marijuana use are less conclusive.This studies of other drugs of abuse (Jones,  ;

and Kalant,1983). There is increasing is attributed to the generalinadequacy NIDA Research Monograph #50,1984). I evidence that long term, chronic use of of reported data in clinical studies; poor Methods of consumption and amounts of '

marijuana may lead to adverse health sample sizes; and a lack of adequate dosage vary widely. Cocaine effect in the ir.dividual (Cohen,1988). differentiation between intoxication, consumption has risen dramatically in However, empirical evidence linking the withdrawal, and residual effects. There the United States throughout the 1980s. l effects of chronic use to decreased is also an absence of before-and after Cocaine is listed as se:ond among the l performance is not as well developed as longitudinal studies or regular users top 20 controlled substances in 1988, or i research on the acute effects of recent (Fehr and Kalant.1983). Evidence is a percentage increase of 253 percent for j

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te:u____ _

_368W Federal ReFar / V;l, 52, ITot 184 / Wrsday, SeptembIr 211988 [ Proposed Rufen ei-. asp scom adnuissionsils a 5-year = \

period (Frank,18837, Cocaine is e It shoofd be noted that current router tremors, of palpitations, sfurred speccit.

powerful drus; single doses have been adkninistration (intravenous, nasaf, dysarthria, thirst, anorexia, mydrisis, knurwa to Gold,19ENt. induce seizums (Washtow and smoked)anddose concentrations much mereIntense in effects than increased body are temperature with chewingcoca feaves andmaypreciude aweating, headaches, dir.ziness, nausea.

2. Effecararrflerfbemance. %e- and diarthea (Sieger.19871 primarypiryaseloqpud effectsof cocaine an accurate comparison otherthact are cardiovascular heart ratm. blood eneccbtalobservations. 4. Tolemoce and P&71AaSawal preneure, and body temperature are Tests which measured subfects' hand- Tolerance develops gnickly la cocaine significandy raised fellowing ingestion grip serengdr amf reaction time under the users. The effecta on the central nervous (Byck,19eG.The effeds caused b5r influence of cocaine showedna system which are sought for the cocaina cocaisa arerelatively shast.in duranium, significant enhancemen t ordecrement in "high"are rapidly lessened in frequent Cocaine heighierismentalstimulation performance (Fischmarr, NIDA Research or regurar encaine usera (Washion and (Jones, NIDA Research Monograpk *Sdh, Monograpfr #50,19tM). Gold,1987). In a recent study, tha 1984), Meay sessine usara believe that substantfaidata exist drar subjective euphoric e&ct increased la e

cognitiva and psychometer t.nsk demonstrate cocaine r similarities e mtsmsity to a peak, one hout after performances are betaldened andte the ampheteminerin thatperformancein intravenous cocaine injection, then non eTeep deprived subJeerr is neither declined toward tha baseline aifoua influence of cocaine. hdice de not enhancednor impaired with normat huuta despite tha presence of constant support this contenkinn(IM-NiDA Research Monograph #5G.19846 dosagest these drugs are effectives pfasma cocaine levels. This rapid Suhkscriva mnnef pmfilaa ofindniduais, however, in returning sfeerdeprived inlarance development is acute in under tha influenca of cocaineravealed . subfects tepre.depnvatfort performance persons who use cocaine on a regulas heightened confunion,aaxias, Teveh Farexampkinhafattorrofc basia. Tolerance development is I friendliness vigne, ela tian, arousal , and, 90 mgofcocaineanowed a sfeep p ta quantified as an exponentialprocess.

positivedisposition.i.e , moods, depnved subject to return t r P* based en the findings of the stady deprfvatfen performance levek (Ambre et at,.issa .This acute charar fnisticofstimniant as amphetamine use Fischman, NIDA, (Fischmen, NHIA Research Mouw qu, tolerande davelopm)ent accounts for

1. 55,1964h Research Monegra(ph #5s.1984), progressive alterationof the cocaine Cocaine intoxication dramatfca[fg affecta vision. Studles have each as afcohol> opiates, or CNSCecaine is eften usedwilt demonstts feJ that vision is impaired depressants this polydrug use can affect Symptama of withdrawal fresa during cot,aine intoxication;sub[ecta complex performance, however, specific cocaine can occur even with relatively reportedincreasedserrsitidyto ffgftr. performance effects havenot been high, dos es of cocaine s tdl present in tha halos aroundbright obfects,and adequately studied (Byck,1987 te jeranc difficulty focusing the eyes (Stepf. Cocaine une with alconalmay m)asic'8'y 9,y ', to, ncy 1987). During one study wMch measured alcohol's effects, f.r., a person mayrfeef she f the do8e8 faile8 tD pdua the driving performance afsubigcfa wMe sober and alert under the influence of deska ects. The apMc e&cta are intoxica ted on cocaine, tott percent.cf cocaineand alcohol though heor she mey Be significantly impaired (5 tune, er ge naistentlyreplaced by dysphoria and the subjects reported fapses afattentroa while drivingand igrmrmg refevant. al 190eSiegel.1967) I ,% A ng bad Depression is symptomatic of EthdrawaMowing stimuli, such (Siegel,1987). ar changes Cocaine in traf!Ic sfgnafs withdra wal or abs tinence can increase fhmr cecaina compfete cessation of cocaine use irritability, hyperaxcitability, and startle responsee abuse. This is coupled with frrituhdity, disturbanceand changes @m sleepma anxiety, hypersomnolence, episodie patterns. Onestudy suggests that these Sudden sou(Davia,1985 Stegel,19871 unconsciousness, and attentional nthr, such as changes areinadequately entained,by caused violent responses In horna or afrens. %efunction and staxia durma the fatoxicated theterm faitfat psychological dependenee subiects ('f.e., rapidsteering er braking phase Cocafnesrnokerefrr one study (Jones NIDA Research Monograph #59, whiledrfrfngan automobiles reported impaired drrvmg during tMr 1984). These withdrawal symotoms pase Studier havedemonstrated tfrat' timet several wereinvolved in separate a strong negerfve incentive that makes it ,

colBeiene resuittng in majorinfuries very difficult te quit using cocaine se cocaine intM Au interferes wit!k the (Gawfn andKreber,7988:Siegel,1987) acquisition ofnewbehaviorpatterns long as the drugis avaitabie(Jones, that re 3.Myerce/SigneofAbuse Resea quire learning (Pfschman, NIDA NIDA Research Monograph #50,1984 ch Mbnegraph #5e,1984) Psychological of cocaine and behavioral abusearemarted by symptame Jones in Washton and Cold,1987).

Impeinr.entin learnmghas beers Further use followir,g withdrawal can irritability decreased or dysfunctional evidenced in thefirst1045 mimrtwe produce irritability, paranoia, delusionaf attentien, restfessnese, hypervfgifunce, andconfirsed thinking. and other after intrevemms administratfort of cocaiser, these effecte are seen ardy fre paranoias and hallucinations (Siegef, 1987}, Chronic orhabitual use producee unpleasant effects feeding to a cycfe of the short.rennimmediateP administration (Pischmen,yafter unacceptabhr irritability; paranoid and . ceasing and resuming the use of cocaine 19ee, Wirfsh, delusional thirking, and other known as the "run"(Jones in Washton 1987).

unpleasant effects and Cofd.1987). The nature of cocaine The betsfbecause performance that accafne enhenees work Reseere1*Monograp(fones hicalndian fr v50,Isset NIDA abtrsein the workplace will presumably Cocaine psyehosis mayoccurwith be cyclical within individuals over time workers chewed coca feevee and profonged highsfose cocaine use (DuPontin Washton and Gold.1987J.

supposedly worked harder is oce su byrecent resesreA The (Flechman, NIDA Research Morrograpft 5' Ufsrussion. Acute tolerance

1. 50,1984L development aruf severe and unpfeasant a

~ctiveperception ofworking harder withdrawal symptoms pose a two-ford is presens,yet thereisnomenearable Acute physicalsymptoms ofcocaine pmblem for cocaine users: increasing impravemen t in performance (Fischman use include increased blood pressure amounts ofcocaine are required to Nif21 Reseen;h Monograph

• set 1984)'. and heartra te, hypertension, bihrred maintuin the euphoric "highl*which vistort, increased rmrsele tensmrr, becomes harder to achieve: and f

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4 Fed:r:1 Regist:r / Vd, 53, Nr.184 / Thursdry, September 22. 1988 / Propos d Rules 36801 cessation of cocaine use is a difficult the opium poppy and synthetic drugs and painful process which casts serious that possess distinct chemical 3. Phys /cols/gns ofAbuse. Opioid use doubts upon termin may produce side effects of drowsiness, cocaine as merely "g addiction to structures, but similar pharmacological psychological constipation, na usea, vomiting. and dependence." characteristics to natural opium orthostatic hypotension (Woolf,in products. The term " narcotics" is used Acute tolerance development hinders Bennett Vourakis, and Woolf,1983).

to describe this class of drug (Woolf,in Characteristics of opiold users include accurate studies of cocaine effects on Bennett, Vourakis, and Woolf 1983).

cognitive and psychomotor task pupillary constriction, depression.

Opioids are used both for medical performance. Many single-dose studies apathy, or lethargy. Flu-like symp' oms have been conducted, yet their treatment and personal (recreational) are common symptoms of opioid reasons. Opioids primarily affect the withdrawal, eg, watery eyes, nausea applicability to regular users (e.g.

multiple use on a daily bes!s)is Central Nervous System (CNS). Opioids and vomiting, muscle cramps, loss of questionable. Cocaine has been much are among the most effective drugs appetite, and other symptoms (Blum, known to relieve pain, Common effects less studied than other drugs of abuse 1984).

such as marijuana or heroin.This is include mood changes, mental clouding. 4. Tolemnce and Withdrwol.

partly due to the pharmokinetics of the or more commonly, euphoria. Natural Selective tolerance may develop with drug itself. and partly due to the opioid drugs include opium, heroin, opiold use; tolerance may develop to inattention given to the drug until the codeine, and morphine. Synthetic one effect of an opiold but not to others opioids include hydromorphone (Woolf,in Bennett, Vourakis, and Woolf, late 1970s, when cocaine became very popular. (Dua udid) oxymorphone (Numorphan), 1983). Tolerance decreases rapidly Cocaine is a relatively fast-acting drug exycodone (in percodan), hydrocodone following cessation of the drug Chronic and is qmckly metabolized and excreted (in flycodan), methadone, propoxyphene users may abstain from opioid use for from the body. peak effects are usually (Darvon), meperidine (Demerol), and short periods of time to regain the "high" experienced to to 20 minu:es after other synthetic variations. Though these which they lost due to increased ingestion. and total effects last no more various opioids ha ve subtle differences tolerance.

in the duration of effects, withdrawal than 40 to 50 minutes (Walsh and All o loids are physically and Yohey,1987). Cocalne e effects are patterns, and absorption, the psychologically addictive. All produce similar to amphetamines in that it pharmacologic characteristics of these withdrawal symptoms with individual stimulates the CNS and produces drugs can be described for the group as differences in type and severity. The feelings of euphoria. It has been shown a whole (Woolf, in Bennett, Vourakis, degree to which addiction occurs varies that cocaine does not significantly and Woolf,1983). Opioids are ingested among the opioids. Withdrawal enhance performance nor does it always intravenously, orally, and by inhalation. symptoms can be violent. For instance, lieroin overdose ranks first among the withdrawal from morphine produces the he em ro ada however, top 20 controued substances based on following symptoms in order of severity acute tolerance development definitely national estimates of emergency room and progression (4 to 10 weeks after complicates the concentration /d.r,ug admissions, a 108 percent increase since cessation of drug use: runny no)se, effect equation, making " normal 1980; codeine combinations and extreme dosages and consequent effects of percodan (licit use) are listed as 5th and diarrhea,sweatmg, yawning, nausea, cold vomiting,

/ hot flasnes, cocaine difficult to define. As with 14th (Frank,1987). a:hing joints, muscles, and bones, amphetamines, cocaine use appears to 2. Effects on Performance. 'llere are twitchings, tremor, muscle spasm, return sleep-deprived subjects to normal many known effects of opioids. Opioids elevated temperature, goose flesh, pre-deprivation performance levels, produce mental clouding, promote faulty dilated pupils, blurred vision, high blood Cocaine causes paranoia and judgment, reduce hunger, induce feelings pressure, restlessness, anxiety, aggressiveness. Cocaine abusers tend of euphoria, reduce the ability to irritability, increased respiration, and toward violence, suspiciousness, and concentrate, reduce sex dnve, produce insomnia (Woolf,in Bennett Vourakis, paranoia. There are serious implications drowsiness, produce apathy, reduce and Woolf,1983).

for users of cocaine in the workplace at activity, and reduce aggressive drives If an opioid user is addicted and alllevels. Socialinteraction is (Woolf, in Bennet Voorakis, and Woolf, tolerant of the effects of one opioid, he presumably worsened by cocaine use, 1983). or she will usually be tolerant of Cyclical" runs" of cocaine use by a Cognitive and psychomotor another. If one opioid is substituted for worker create withdrawal and recurrent performance are generally impaired by the effects of another, then withdrawal use symptoms such as irritability and narcotic.like drugs, although the symptoms will cease until the second lassitude followed by the previously duration and extent of the impairment opioid is withdrawn (Woolf,in Bennett, mentioned symptoms of chronic use. depends on the type of optold, the dose, Vourakis, and Woolf,1983).

Thus, while the immediate effects of the and the experience and drug history of 5. Discussion. The opioids are a large drug on the central nervous system may the user. Ingestion oflow to moderate class of drugs primarily derived from the not necessarily cause impairment, the amounts produces a short. lived feehng poppy. Opioid drugs are either natural overall effects on the individual and his of euphoria followed by a state of or synthetic. Opioids affect CNS or her interaction with others are likely physical and mental relaxation which functions, primarily acting as a pain to create performance problems in the persists for several hours (Walsh and reliever, or, in larger doses, a nuclear power plant setting. The Yohay,1987). hallucinogen. Cognitive and behavioral effects of cocaine during all Use of other drugs with opioids can psychomotor performance are generally phases of use--intoxication, hangover, produce additive effects: combining impaired during opioid intoxication.

dependence, and withdrawal-directly alcohol with opioids produces marked Opioids are physically and and indirectly impact performance. sedation and respiratory depression due psychologically addictive, with severe C. Opiates to the sedative effects of these drugs on withdrawal symptoms during the CNS: this can lead to abstention, lasting up to 4-10 weeks

1. BacAground. Opiates, or opioids, unconsciousness or death (Woolf,in (Woolf, in Bennett, Vourakis, and Woolf, encompass natural drugs derived from Bennett, Vourakis, and Woolf,1983). 1983).

l

, 36802 Fed:rd R:gisler / Vol 53, No.184 / Thursday, September 22, 1988 / Proposed Rules Particular attention should be given to =

licit use on the job of opioid-based may last up to 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br />. The second 3.PhysicalSigns of Abuse. PCP products, such as pain relievers or other phase is characterized by grand mal intoxication is marked by difficulties in seizures, coma, and death due to J prescription and over.the-counter drugs. coordination; severe confusional or I Sufficient dosages can impair on-the-job respiratory depression following agitated state: inexplicable mood performance, especially when combined sufficiently high doses. The second with other drugs such as alcohol phase may last up to 7 days or longer. changes between lassitude and extreme (Moskowitz,1985). The third phase is characterized by agitation: moods such as suspicion, schizophrenia which may last a month anger, or terror; and erratic of violent D. Phencyclidine actions orlonger. The fourth phase is

1. Background. Phencyclidine, characterized by PCP-induced Monogra(Balster, ph #64,1986: NIDA Holbrook, Research in commonly known as PCP, was first depression, especially serious due to the Bennett, Vourakis, and Woolf,1983).

introduced in 1957. It is now a major gh likehlhood of suicide at this time 4. Toleronce and Withdrowol. Animal drug of abuse and is listed as 8th among (H lbrook,in Bennett, Vourakis, and studies have shown tolerance the top 20 controlled substances based W If,1983). Performance impairment development following continuous use on national estimates of emergency at any of these levels is highly probable. of PCP (Balster, NIDA Research Clinical cases have documented the Monograph #64,1986 . Tolerance a variety of effects on the cen)tralroom admissions severe debilitating physical(Frank,1987 and . PCP hasin human su)bjects with m develops nervous system (CNS), making an psychological effects of PCP abuse and frequent (daily) use (flolbrook,in adequate classification of the drug the extremely unpredictable behavior Bennett, Vourakis, and Woolf,1983),

difficult. it is best understood as a thanhe drug causes. Persons under the although implications oflong-term use hallucinogen (Holbrook, in Bennett, influence of PCP may precipitate life- are not yet fully understood (Jain' et al Vaurakis. and Woolf 1983). PCP can threatening situations due to the 1977; Marwah and Pitts, NIDA Research cause CNS stimulation and depression disorienting and hallucinogenic effects Magraph m W. '

with a great deal of variability of PCP intoxication (Holbrook,in depending upon the dose and type of Bennett Vourakis, and Woolf,1983). Animal studies have shown dramatic PCP. PCP intoxication begins several withdrawal symptoms following the minutes afteringestion of the drug and Studies have demonstrated that PCP termination of PCP use, such as usually lasts up to 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> or more can also clicit behavioral effects in users vocaliza tions: hyperactivity; lassitude: ,

(Walsh and Yohay,1987). PCP is well similar to barbiturates or other tremors: and, in one es.se, convulsions known for producing unpredictable side sedative / anesthetics (Balster, NIDA (Balster, NIDA Research Monograph #64, effects following intoxication, such as Research Monograph #641988). It is 1986).These symptoms appeared within acute psychosis or fits of agitation and obvious that heavy users o, f PCP would 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> of abstinence and were most excitability. Intoxication in low doses of exhibit motor impairment. Task severe at 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> (Balster, NIDA 5 to 20 mg of PCP resembles an acute performance requiring motor Research Monograph #64,1986). PCP confused state (Marwah and Pitts, NIDA coordination, such as driving an has not been reported to produce Research Monograph #64,1986). Higher automobile, would be significantly physical dependence even with chronic doses in excess of 20 mg can elicit disrupted by PCP(Balster, NIDA Research Monograph #64,1986). In fact, use in humans. However, psychological serious neurological, cardiovascular, dependence is reported frequently and psychotic reactions. In fact PCP- several fatal accidents involving PCP-among chronic users (Holbrook in Induced psychosis is similar in effects to intoxicated drivers highlighted severe clinical schizophrenia (Marwah and coordiantion irnpairment, acute Bennett, Vourakis, and Woolf,1983).

Pitts, NIDA Research Monograph #64, confusional state, and an inability of the 5. Discussion. PCP is a complex 1986). intoxicated cWer to think abstractly or hallucinogenic drug with diverse, and make ratior.ai cecisions (I.erner and often dangerous or lethal, behavioral stu les o n 8. N A e8 ear hM effects on humans.The understanding of e y a effec ofPCP 8 aph #64 in humans due to the volatility and ggaeI- PCP's physiologic and psychologic unpredictability of the side effects of In c mbination, PCP significantly effects on humans la still relatively new.

POP. Also, PCP's opularity as a drug of enhances the effects of classical It is well known, however, that PCPis abuse is relatively recent. However, depressant drugs, including barbiturates an unusually dangerous psychoactive there are sufficient clinical studies, and ethanol (Balster and Wessinger, substance with unpredictable criminal cases, and behavioral l ster Res h behavioral effects.

observations that conclusively M og p gg) iPCP e 1, ng-term adverse health effects of demonstrate PCP's erratic and serve o PCP use are significant. Irreversible coho s behavioral effects. ) ,) g s essknts h memory I ss, personality changes, and

2. Effects on Performance. The [as an additive effect on PCP & ught disorders have been behavioral effects associated with PCP to a d ex a ome documented. Spontaneous recurrences pon both e Pe son a d e of drug effects (flashbacks) are possible.

intoxication (Balster, NIDA Research Numerous fatalities due to PCP environment. Cimcal studies have Mmgraph #64,1986).

identified four phases of PCP abuse that intoxication have been documented may appear in successive stages.The PCP users have reported unique (Walsh and Yohay' 1987). Obviously' intoxicating effects of the drug unlike these characteristics of PCP first phase is termed acute PCP toxicity. those of other drugs of abuse. However, Behavioral effects include inf xication, chronic use, and combativeness, catatonia, convulalons, self. administration studies of PCP reveal withdrawal have serious job that patterns of abuse similar to performance implications. It may be and coma, all of which are dose related, Visual disturbances, particularly barbiturate and alcohol abuse: dosage assumed that any use of PCP will i intake is sufficiently high to cause (

distortion of size, shape, and distance significantly impatr the abuser's short-marked behavioral effects (Balster, term, and perhaps permanent, cognitive perception are common. The first phase NIDA Research Monograph #64,1986). and psychomotor capabilities.

)

)

1 Fedtrd Regist:r / Vol. 53, No.184 / Thursday September 22, 1998 / Proposed Rules i 36803 l l

E. Amphetamines CR-3196,1983). High doses of development is rapid (Caldwell,1980).

1. Background. Amphetammes are amphetamines, however, produce an Chronic use of the amphetamines leads l central nervous system (CNS) exaggerated sense of well bein to development of a tolerance for the stimulants. The term " amphetamine"is energy, restlessness, urgency, g, high .

stimulant and appetite-suppressant {

generic and applies to the group of overideation, and gross temporal effects of amphetamines, even when )

synthetic compounds derived from distortion (Caldwell,1980). administered in low therapeutic doses. l ephedrine (Holbrook in Bennett, Cognitive and psychomotor task Chronic abuse leads to high tolerance l Vourakis, and Woolf,1983). Examples of performance decrements due to (Hcibrook in Bennett, Vourakis, and common trade name amphetamines are amphetamine use on a regular basis are Woolf,1983).

Benzedrine (racemic amphetamine)i highly likely: "nms" or cycles similar to Amphetamines are psychologically Dexerdrine (dextroamphetamine): and cocaine runs of abuse and abstinence addictive.Though no physical Desoxp (methamphetamine).The are also characteristic of amphetamine withdrawal symptoms occur following behavioral effects of amphetamines are abuse. Behavioral effects due to these t discontinuation of use, similar to cocaine: however, the two cycles of abuse would directly impact abrufological changes, such as psye apat types of stimulants differ in that cognitive and psychomotor task long periods of sleep, irritability.

amphetamines have a longer duration of performance. Secondary effects of depression, and disorientation, may be behavioral affect and greater toxicity amphetamine abuse such as hangovers, prominent for several months. Paranoia than cocaine (Holbrook: see Bennett, rebound depressions, and insomnia may follow the first seven days of Vourakis and Woolf,1983). directly impact cognitive and withdrawal following the abrupt Amphetamines are found in licit and psychomotor task performance, cessation of heavy use: delusions may illict form. In general, amphetamines Amphetamine abuse among truck persist for up to a year (11olbrook in stimulate pulse; heart beat; blood drivers is cited as one example Bennett, Vourakis, and Woolf,1983).

pressure; respira tion: perspiration; and, (Caldwell,1980). 5. Discussion. Arnphetamines at higher doses, increase body Because of acute tolerance temperature and basal metabolism rate development, there are fewer stimulate the CNS and cardiovascular (Caldwell,1980). system. Short term physical and s!mple performance decrements experienced by cognitive task performance is

2. Effects on Perforrnance. regular users of amphetamines than by heightened to a minor degree by the use Amphetamines are widely used to initial users. One study revealed, of amphetamines. Complex cognitive increase alertness and fight fatigue. however, that after the establisiiment of task performance is not heightened by Studies have shown that in therapeutic tolerance and sustained drug levels the use of amphetamines. Small and doses, amphetamines increase alertness, throughout a 24-hour period, drug moderate doses of amphetamines decrease fatigue, elevate mood, and cessation produced the following enhance cognitfve and psychomotor task frequently produce euphoria. Motor performance effects: performance performance on specific and simple activity is increased and physical impairment initially decreased as the tasks, such as vigilance, but these performance of simple tasks is drug levelin the subject declined, performance enhancements are lost as improved. Sleep patterns are distrubed followed by increased impairment as the the complexity of the task increases and total sleep time is decreased adverse effects of drug withdrawal- (Ellinwood and Nikaido,1987).

(Holbrook in Bennett, Vourakis, and hyperexcitability and/or delirium- Significant performance decrements Woolf,1983). Users of small doses appeared (Ellinwood and Nikaido.1987). occur as a result of acute tolerance experience a heightened sense of well- 3. PhysicalSigns of abuse. With high development, hangover effects, and being, sharp attentiveness, an increned doses, gastrointestinal function may be withdrawal symptoms. Thus, many acuity of reflexes, and idealization altered, and nausea, vomiting, diarrhea, short term gains in cognitive and task (Caldwell,1980), and cramping may occur. performance are outweighed by the The effects of amphetamines on Cardiovascular signs of heavy use adverse performance effects due to cognitive and psychomotor task include headache, hypertension, pallor, regular use of amphetamines.

performance are well documented, palpitations. CNS signs of heavy use Secondary effects of amphetamine Amphetamines improve short-term include hyperreflexia, restlessness, physical performance in a variety of abuse such as "rurz" and withdrawal talkativeness, insomnla, violence, and " crashes" may advesely affect areas, such as "igilance performance increased libido (Caldwell,1900). High cognitive and psychomotor task (the ability to attend to sensory input); dose may result in amphetamine performance. lf used frequently, motor performance (swimming running, psychosis, which resembles a true amphetamine addiction is likely.

etc.); learning or acquisition of motor paranoid schizophrenia in the clinical skills; and reaction time. With Chronic users of amphetamines are sense. Amfietamine addiction is likely to develop tolerance to the CNS controlled doses, the adverse effects on probable wth continued or frequent use effects of amphetamines as well as physical performance were minimal (Holbrook in Bennett, Vourakis, and psychological dependence. Withdra wal (NUREG/CR-3916,1983). Simple short. Woolf,1983).

term cognitive performance, such as symptoms are psychological and Evidence of stimulant intrication in produce a variety of adverse behavioral performing repetitive tasks which elicit the form of hyperexcitabilhy ed fatigue or boredom; simple math tests: effects which directly irnpact cognitive i deterioration of driving skilh, m, curs and psychomotor task performance.

verbal ability tests: learning of visual eith increasing doses (Ellinwood and Similar to cocaine abuse, the nature of information; and enhanced ability to Nikaido,1987). Aggression and violence amphetamine abuse in the workplace read and understand a foreign language are potential side effects of higher doses will presumably be cyclical within improves with controlled doses of stimultants. Highly toxic doses can (NUREC/CR-3190,1983). Tests of individuals over time (Hurst,1987),

induce hallucination, delirium, and cognitive tasks requiring relatively more delusions (Ellinwood,1971; Ellinwood F. Summary j complex skills such as calculus did not and Nikaido,1987). Use of any of the five listed drugs in show performance changes under the 4. Tolemnce and Withdrawal. Similar the preceding discussion can directly fr/luence of amphetamines (NUREG/ to cocaine, amphetamine tolerance and indirectly affect or impair on the-job lf ~

368M Fed:rd R: gist:r / Vol. 53 No.184 / Thursday. September 22. 1988 / Proposed Rules performance through intoxication. A. Analysis of Blood plasma hangover, dependence, or withdrawal urinalysis. While clinical studies using dects. .

The analysis of blood has aome saliva have been conducted for a

- significant advantages over urinalysis. number of years (Caddy,1984). saliva Emphasis should be placed upon The main advantage is that there is a testing currently does not represent a examining all phases of dag use in the much more direct relationship between viable alternative to urinalysis (Walsh workplace, since drug seeking behavior, and Yohay.1987). Analyses of saliva for administration, acute and chronic blood levels of a drug and impairment, '

intoxication. hangover, and withdrawal since levels in the blood are more purposes of detecting marijuana use, for directly reflective of effects on the CNS. example, have found that such things as phases of drug ussge may all have In the case of alcohol, of course, legal food consumption and mode ofingestion detrimental effects on individual and limits defining probable impairment can dramatically affect the ability of team performance (Walsh.1987). have been established in state law, assays to detect marijuana use (Ifawks.

The present ability to predict the Equivalent standards for other drugs are 1982). Also, there is rarely a large ]

i behavioral consequences of drug use is not generally available, but an analysis enough volume of specimen for limited: the ability to accurately predict of blood can identify the extreme cases confirmation pur;mes, {

the specific behavioral performance of where there is no doubt ofimpairment.

an individual under the influence of a liowever, current data are insufficient to C. Analysis ofifair certain drug is minimal (Walsh.1987). establish cutofflevels to distinguish One drug testing technique involves One applicable measure of drug. between impaired and unimpaired the use of hair. Ifair can be used to induced impairment in the nuclear individuals (Consensus Report Nov. 8, identify where there has been a past industry may be injury rates. As one 1980. Bled tests are usefulin post. history of drug use. In fact,it can accident analyses if the subjects can be

~

researcher states. , A common but provide informa tion on drug use over a incomplete and poorly understood sampled quickly. Another minor much longer period than can urinalysis thread that passes through injury reports advantage of blood testing is that tests (Baumgartner. Black, Jones, and Blahs, is the frequency with which alcohol and can usually deal directly with the drug 1982). fiowever " hair analysis has not drugs are involved' (Walsh.1987). ofinterest. rather than one ofits been validated extensively enough in A multiplicity of variables metabolites (in urine), and may thus clinical studies to make an adequate complicates the drug dosage / avnid some of the problems with cross assessment ofits suitability for general reaction.8 drug screening. (Welsh and Yohay.

impairment relationship: the type and potency of the drug. patterns of There are problems with testing blood 1987)."(Puschel.Thomasch, and Arnold or plasma, however. One of the most 1983). This is a very expensive test.

consumption, the individual's physical significant is the highc !evel of and psycliological characteristics, the which would prohibit its use for a large intrusiveness (Dogoloff and Angarola, volume of tests, especially the initial environment in which the drug !s used. 1985).The drawing of blood involves and group interaction. ifowever, three screening tests. A more appropriate pain and trauma for some: concern application may be for objective generalizations may be made regarding about AIDS would heighten the anxiety, the drug dosage / impairment diagnosis of a patient's drug history.

though unreasonably. The collection of

relationship: high doses generally have samples would be more expensive. D. Analysis of Speech g greater behavioral effects than low requiring trained medical personnel Another technique involves the doses, well-learned tasks are less (Walsh and Yohay.1987). analysis of speech to determine the state i

affected by drugs than novel tasks, and There are also particular substances, l motivation regarding the task is an such as cocaine, with such a short half. of a person's intoxication. Since drugs affect the neurotransmitters and Important factor (Walsh.1987). Further, life in the blood that the chances of the studies conclusively demonstrate identifying users through blood tests are receptors in the brain, the speech of the certain behavioral effects of drug use alcohol or drug user is affected substantially reduced (Washton and that impair the user in a variety of Gold.1987). Also, the concentration of accordingly.The measure ofimpairment cognitive, psycholo is derived from the time and frequency performance areas.gical, and social metabolites in urine is sometimes higher of spoken numerical digits. This than the concentration of the drug in technique is intended to be a measure of A clear relationship has been plasma, as in the case of amphetamines demonstrated among drug use (Nelson and Moffat 1980,in impairment of a subject at the time of examination, and should avoid l (nonspecific dosage), general behavioral Am betamines andRelatedStimulants) effects, and impairment. it is obvious . challenges based on invasion of privacy.

an cocaine (Washton and Gold.1987). It is not a test for prior use of drugs from the research that use of any of In general, drugs and their metabolites these five drugs or types of drugs alone can be identified over a longer period of where measurable impairment no longer exists. Since the impairing effects of or in combination has the overwhelming time through urinalysis (Washton and drugs are usually of briefer duration potential to impair workers in the Gold,1987).

performance of their duties.The than the detectable levels in urine, the B. Analysis of Saliva opportunities for detection of drug use question is not whether drugs impair performance, but how they do so under are somewhat less than with urinalysis.

given circumstances. considerable attention.The anal sia of saliva is receiving E. Analysis of Other Specimens Radioimmunoassays (RIA) procedureo ll. Ahernatives to Urinalysis for testing sallva exist: also there is a k

, commercial kit available for testing ,x , ,n al e deve P en al stages.

The Commission considered techniques for analyzing blood, breath, saliva. If technically feasible, the use of For example, breathalizers are being saliva, fingernails, and brainwave saliva would avoid some of the developed for testing for marijuana patterns and concluded that there is no intrusiveness and embarrassment of smoking l Generalized tests are being viable substitute for urinalysis in the developed for body fluids ranging from

" ' ' sweat to mucous from the eyes.

near future, either technically or th n$."d uN,"druN.Ni$e't Nt[s!.*[r$r*$n practically. Techniques are being developed to e specimen cnates a posieve test ruult, analyze brainwave patterns and

Fediril Ragist:r / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules 36805 measure eye movement. Anaylsis of Guard personnel are down from 10 The Federal Aviation Administration fingernails is also being considered. percent in 1983 to 3 percent in 1988; this (FAA) prohibits flight crewmembers However, a review of the literature decrease is attributed to a random drug from being under the influence of indicates that the technical basis does testing program (Bureau of National alcohol or drugs. Tests must be taken not yet exist to support a legally Affairs.1987). In all three cases, the within four hours of acting as a defensible, wide scale use of these reduction was measured by the rates of crewmember when there is a reasonable techniques either for screening or ' confirmed positive tests during random basis to suspect a violation.The FAA confirmatory purposes. Since urinalysis drug testing, and the observed decrease has suggested that random and testing appears feasible in the short run, in rates followed the implementation of other techniques will not be considered scheduled drug and alcohol testing may.

the random drug testing program. This be needed for flight and certain ground at this time. The Commission will pattern is consistent with what would crewmembers to protect the public continue to monitor developments in other testing technologies to determine be expected if random drug testing was safety (December 9,1988; 51 FR 44433).

to have a strong deterrent effect. A DOT proposed rule that would require when and if they offer an impmvement over urinalysis. Although other factors, such as drug random testing of airline employees education programs, negative press involved in flight operations and III. Random Testing and Alternatives associated with drug abuse, stringent maintenance has been published in the Random testing (unannounced drug disciplinary action, and a better Federal Register (53 FR 8388).

testing imposed in a statistically random selection (hiring) process, ma be The U.S. Coast Guard (USCG)is the manner) serves two purposes: detection affecting the results, available data primary maritime law enforcement and deterence. It would appear that any indicate that there are substantial agency for the U.S. It has proposed

" "" reductions in drug use associated with regulations prohibiting operation of a h,""d i ste ed s "8 a er o the implementation of a random drug vessel ' bma 9, completing a test is imme[iately eligible g program. 9g 52 6 or me, )

for another unannounced test would The Department of Transportation operators, intoxication is defined to be satisfy criteria for deterrence. Several (DOT) has been the leading federul b igh Icohol potential alternatives were considered, [,{g','d r w en the ef ct of alcobo agency in implementing drug testing including employee awareness, other programs for private sector employees or an illegal drug on the operator's types of testing (reemployment, subject to federal regulatory jurisdiction. manner or behavior is apparent. For announced per, odic, for-cause, etc.), None of the agencies in the Department recreational operators, the only reliance on behavioral observations and currently requires random drug or difference is that the applicable the Employee Assistance Program, alcohol testing of private sector percentage is 0.1 percent. The USCG is various security measures, and employees, but such requirements are preparing a notice of proposed combinations of these alternatives. bein8 actively considered through rulemaking covering use of dangerous One goal of the Commission in proposed rulemaking. drugs by merchant marine personnel.

proposing this rule is to bring about a The option being considered is a nuclear power plant workplace free The Federal Railroad Administration requirement that individuals applying frorn the effects of drugs. Such a (FRA) has detailed regulations covering for licenses, certificates of registry, and alcohol and drug use by railroad workplace would ensure, to a large merchant mariner's documents provide measure, that Lnpairment of function employees whose working hours are the results of drug tests before issuance regulated under the Hours of Service or renewal (See entry in Unified Agenda a feet e safe of uc arp e plant Act (15 U.S.C. 61). Under the provisions of Federal Regu!stions published on operations. A workplace free from the f 49 CFR Part 219, employees are October 28,1987; 52 FR 40582). The effects of drug use would also help prohibited from using, possessing, or proposal also addresses the need for '

assure the reliability of the nuclear being impaired by alcohol or controlled random drug testing.

power plant workforce to properly substances while on duty. Blood and The potential alternatives to random perform activities that require urine samples of employees involved in unannounced drug testing are many and scrupulous adherence to rules and railroad accidents are to be taken and varied.They include the following:

procedures. Random testing appears to preserved. Railroad companies may

. . Take no alternative action; be an effective means of achieving this require breath or urine tests from

. Testing before employment or goal. The Commission concludes that employees when there la reasonable badging:

unannounced random testing is a strong cause for suspecting prohibited use of . Periodic drug testing (announced deterrent to drug use,is a necessary alcohol or drugs. Railroads are required testing):

to administer a drug test to new )

element of an effective fitness-for-duty . "For-cause" drug testing:

program, and that no alternative or employees covered under the Act. l

. Behavioral Observation Program; {

combination of alternatives would The Federal Highway Administration

• Medical Screening:

provide an acceptable level of both (FHA) prohibits interstate commercial '

• Employee Assistance Programs detection and deterrence. truck drivers from using amphetamines, (EAPs):

Systematic data on the efficiency of narcotics, or any habit-forming drugs.

• Access Authorization Program: ,

random testing are only available from and also requires that they have no

• Workplace security measures: and I the various programs implemented by current clinical diagnosis of alcoholism

• Employee awareness and education the Department of Defense. Illicit drug (49 CFR 391.41). FHA is preparing a programs.

use in the Army has been reported as notice of proposed rulemaking that will Although systematic data do not exist dropping from 29 percent in 1980 to 11.5 propose a comprehensive drug control to compare the efficacy of these percent in 1986 (Raezer.1987). In the program applicable to all drivers in approaches, the literature and the Navy, rates have been reported to have interstate commerce (See entry in findings of the staff's data-gathering dropped from 47 percent in 1981 to Unified Agenda of Federal Regulations activities do suggest some advantages around 4 percent in 1988 (cited in C& published on October 26,1987; 52 FR and disadvantages for each. These are EN: June,1986). Rates among U.S. Coast 40610). discussed below:

i

f. .

36806 Federal Register / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules enough to guarantee a " clean" sample. Should the testing be announced.

A.Teke no Alternative Action immediate, pronounced disciplinary New testing techniques are in the The first alternative to random drug action could be taken without concem process of being developed that may be testing to be considered is to take no capable of identifying previous (several that the action is inappropriately severe, alternative action.This is clearly not a months) drug use. However, these because any employee who cannot viable alternative. Statistics available techniques have not yet been refined. remain drug- or alcohol free for an on drug use in the workplace indicate Consequently, the ability of announced test most likely has a severe that a significant minority of workers reemployment to detect substance substance abuse problem and displays have or are currently abusing drugs or abusers currently is limited. Even so, an obvious disregard for the safety of alcohol in the workplace (Neuner,1985). hcensees report that, typically,5 percent the public, co-workers, and self, rmte f applicants for employment or it is apparent that announced, ,

While source tothe exact another, statistics a middle range vary from one _ unescorted access to a power periodic reactor tests would not identify some estimate is that approximately 10-25 are tested positive. drug abusers that periodic or random percent of American workers abuse The primary disadvantage to using unannounced testing would identify, drugs and alcoholin the workplace. reemployment testing as an alternative and that the deterrent value of While the incidence of drug abuse in the to random drug testing is that it in no announced testing would only be short-nuclear industry can be expected to be way addresses substance abuse or term. Announced, periodic testing would lower, based in part on the existing dependency problems among the be less effective in detecting abuse of security measures at power plant sites w rkforce subsequent to employment. drugs that are rapidly metabolized, such and the relatively aggressive fitness-for- Applicants who pass the reemployment as cocaine. it is expected, however, that duty programs that characterize the testing and become employees may an announced, periodic program 'would industry, the potential for drug abuse neva face t sting again.The deterrence identify some regular users of still exists. The fact that approximately factor, implicit in random drug testing prescription drugs, and users of slowly two-thirds of the power plant licensees *** * "8' '"' * * * * #0 "* "* '

have not implemented random testing [estbg s p'o by at e feet e hen * " " ' " E" programs, some because of union it is directed to keeping individuals w uld potentially allow many intervention or prohibition by State currently experiencing chemical employees who abuse drugs to escape laws, suggests that significant dependency out of the workforce, and is ec n H seem c ar at annmW reductions in the abuse of drugs by thus a necessary part of a total fitness- * * " *** * ""

nuclear utility workers could be realized for-d,uty program but is not sufficient in random tests at identifying and when the preventive and deterrent itset" deterring the occasional drug users.

effects of industry wide random testing None of the industries surveyed in C. Periodic Drug Testing (Announced programs are realized. NRC's review of other regulated Testing) esting Before Employment or industries or those describ,ed in Periodic Testing appears to have few, literature have adopted this approach.

88 if any, advantages over random testing.

Testing before employment or badgin8 Periodic testing, whether announced or D. For-cause Drug Testing is conducted by many employers to unannounced, may be perceived by A f r cause testing program has ensure that individuals who cannot meet employees as less discriminatory than seveal positive features. In a properly fitness-for. duty standards are not placed random testing in that, on a given date implemented program, when there is into sensitive jobs. Considered by all available employees are tested. In a cause for a supmisor or co-worku to industry as the first line of protection random testing program, some suspect that an employee is unfit or the against drug problema, reemployment employees are selected at random and employee has been involved in an on-testing is specifically used to detect and tested. Because it may be impractical to the-Job accident. the employee is given a identify the nature of drug use,if any, by test the entire body of employees on any c mplete physical examination which job applicants, and to identify abusers given day, utilities may opt to use a includes drug testing.This examination prior to hiring. Although screening has random testing program. Under random may identify health problerns other than focused on drug abuse, most large testing, some employees may drug abuse that have diminished the industrial companies now include tests coincidentally be tested more frequently employee's ability to perform safety-for alcohol as part of reemployment than others and the utility may be related responsibilities. The wating (Willette,1986). Individuals with required to prove that the selection examination can also include testing for positive results generally do not receive process is truly random in reponse to a legal drugs of potential abuse, such as further consideration for employment legal challenge. If testing is announced alcohol, over.the-counter drugs, and (McClellan.1984). Reemployment and scheduled at regular intervals, however, all employees would be tested prescription drugs.

testing is currently the most prevalent A for-cause program may have fewer type of drug testing (Hanson,1986). equally, at least theoretically.

Further,if selection for random testing legal problems than a random testing Virtually every nuclear power utility program becaus there is a specific currently employees this type of testing. is truly random, an employae could.

strictly through chance, not be selected reasonable cause for the individual test.

Reemployment testing has some In a random testing program, the legal disadvantage. As part of a company's for testing for an extended period of time. As a result, employees with justification is that there is a possibility hiring policy, it will certainly be knows that impaired employees are present to most applicants. This knowledge substance abuse prot >lems may not be detected in a timely manner, and their who represent a potential risk to the removes any element of surprise, essentially making it an announced test abuse problems may increase in severity safety of themsleves, their co. workers, before they are detected in the random or the public. However, when a for- q and, therefore, allows applicants to be cause test is conducted, the employee in l prepared for the test. A sophisticated or testing pmgram or the behavioral observa tion program. Periodic testing question presents an individualized

" street smart" drug abuser may be able suspicion of illegal conduct. Further. if to avoid detection, and less frequent could ensure that all employees are tested with adequate frequency. the motivation for testing is the users may be likely to abstain lon8

Fed:,ral Rrgistre / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules 36807 investigation of an accident, the utility preventative.Therefore, with the from duty the emloyee whose job has a clear responsibility to do exception of post accident testing, the performance may adversley affect everything possible to identify the cause value of for-cause testing is highly public health and safety.

of the accident to ensure that similar dependent on managers' and co-a-- nts are prevented in the future, workers abilities to idenfity employees There are several disadvantages to Tnere is a body oflegal precedent in who are impaired and an organizational relying on behavioral observattori alone.

support of for cause testing from various culture which allows managers to The primary disadvanta,{e industries with safety concerns, require testing without disrupting eh ' is the including railroads, transportation employer / employee relationships or

'8I1f,",'y'ient

,,,, sk$lis to Yentify perso s companies, and the aviation industry, incurring adverse consequences. Thus, unfit for duty and on their willingness to Some of the leading cases supporting enhanced su ervisor proficiency in confront troubled employees.The for-cause testing include: Schmerber v. behavioral o servation through training reliance on supervisors' behavioral California 384 U.S. 757 (1966),(blood and experience, and strong support from assessment skills can be undermined by tests for alcohol on drunk driving company management,is important in the fact in the course of a regular work arrest); Division 241 Amalgamated the administration of for-cause testing, d i h litti if Transit Union v. Suscy,538 F,2d.1204 While for cause drug testing is an o tuni y to exe cise the skiis they (7th Cir.1976), cert. denied,429 U.S. Important element of a fitness-for-duty have received through training. lf 1029,(blood and urine testing of bus program,it does not appear to be an training is provided on an annual basis drivers after an accident upheld); acceptable alternative to random only, the skills can become rusty and ShoemaAer v. Handel,795 F. 2d 1130 testing. heighten any reticence the supervisors (3rd Cir.), cert, denied.107 S. Ct. 577 may have initially experienced in (1986),(urine and breath test for E. Behavioral Observation Program utilizing these skils. Also, while the licensed jockeys upheld); McDonnel/ v. behaviors displayed by an individual Behavioral observation programs are intoxicated by alcohol are obvious and Hunter,809 F. 2d.1302 (8th Cir.1987), intended to enable supervisors to detect (testing of prison guards); of RLEA v. recognizable to most observers, the F,2d changes in an employee's behavior and various effects of the wide spectrum of Bur ~ n ley,  :(9thCir to initiate the appropriate corrective drugs currently abused may be less decided February 11,1988). action, usually a referral to the familiar to supervisors, further A random testing program can be Employee Assistance Program (EAP) for diminishing any confidence in expected to be a stronger deterrent to chronic drug use than would a for-cause initial evaluation and for-cause testink recognizing impairment, or allowing Supevisory referrals typically occur impairment to escape notice (Wrich, testing program. When drug tests are when a job performance problem administered to all employees on a 1988).

becomes apparent. In these cases, the random basis, a chronic drug user can supervisor is responsible for identifying Semal baMers to supedory expect, sooner or later, to be identified and documenting the job performance referranave ben Wen @ed b b through the progrma. Some literature on decrement. In addition, he or she meets literature. These include (1) the chronic abusers indicates that they can with the employee to describe the supervisor s desire to help the impaired effectively hide their drug or alcohol problem, to refer the employee to the empt yee, rather than expose him or her prublems from supervisors and fellow EAP, and to indicate that continued t potential disciplinary action (2) a employees for a considerable length of impaired performance is likely to lead to belief that the formal system [l. e., the time. On the other hand, an occasional disciplinary action or termination from Employee Assistana Program (M drug user could hope to escape being employment.The supervisor is should be used only as a last resort, and detected by a random drug test, discouraged from trying to diagnose the (3) the anempt on the supervisor s part expecially if both the tests and the root cause of the problem or from trying t counsel the impatred employee employee's drug use are infrequent. In to provide any counseling (Trice & (Hoffman & Roman,1984). The either case, if supervisors are highly Beyer,1984; Hoffman & Roman,1984). ssibility that an employee could lose proficient in observing probable The EAP counselor takes the fis or her job, nuclear safety impairment, the drug-abusing employee responsibility for these tasks and for responsibilities, or unescorted access may have little expectation that he or referring the employee to appropriate clearanace if found to be unfit for duty she could be impaired on duty and avoid resources (the same procedure is may make supervisors in the nuclear a for-cause test. Knowing that fellow followed when an employee self-refers industry just as reluctant to refer the workers are disciplined for on-the-job to the program). lf the employee's job employee as supervisors in other impairment also can be expected to performance does not improve, then industries in similary circumstances.,

deter employees from being impaired on disciplinary action is taken. A number of program components the job.Therefore, for-cause testing The training that supervisors receive, that can encourage supervisors to make might be more effective in deterring usually from the EAP staff,in observing referrals have been identified in the users from being impaired on the job employee behavior may allow them to literature. In addition to a clear than would a random testing program detect problems that may be missed company policy and strong management alone, altogehter by a drug screening program support for the EAP, the importance of There are two principal disadvantages or that are obvous to everyone once the thorough and ongoing supervisory of for-cause testing as a substitute for problem has reached severe proportions. training has been consistently random testing. First, for casue testing. Whereas a sophisticated and " street emphasized in studies designed to as discussed above, is likely to be a less smart" drug abuser may be able to avoid identify factors that increase EAP effective deterrent against chronic drug detection from drug tests, he or she is effectiveness (Cregoire,1979; Morgan-use. Second,if managers are unable to unlikely to be able to maintain janty,1982: Martin, Heckel, & Long, identify impaired employees, for cause satisfactory levels of job performance 1984). Providing consultation services by tests will only be administered after a on a day to-day basis. As a witness to EAP counselor for supervisors and gross indicator, such as an accident, the employee's daily functioning, the continued program promotional efforts shows that the tests are warranted;i.e., supervisor represents a significant (e.g., posters and notices in company the test will be after the fact and not opportunity for identifying and removing newsletters) have also been suggested i

f7 . ____ ____ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ - _ - - - _ - - - - - - - 9

1 y

36808 Federal Register / Vol 53, No.184 / Thutaday September 22, 1988 / Proposed Rules as a means of encouraging supervisory G. Employee Assistance Programs referrals and supervisory referrals. '

referrals (Hobson,1981). When the employee self-refers, he or she A preliminary review of the literature While an effective behavioral pertaining to Employee Assistance may contact the EAP counselor directly  ;

observation program is an important Programs (EAPs) indicates that EAPs or seek assistance from a supervisor to element of a fitness-for-duty program,it can play a significant role in assuring make the contact.The EAP counselor does not appear, alone, to be an then meets with the employee to assess that persons with unescorted access to acceptable alternative to random the nature of the problem and to nuclear power plants are fit to perform testing. their duties.The major advantages of determine what resources are needed to resolve it. The counselcr may provide F. Medical Screening the EAP approach is that the EAP can the required assistance in some cases.

rewpond to a broad spectrum of fitness-A method currently used by one for-duty problems, such as psychological but more frequently will refer the stress, that cannot be addressed in a employee to existing resources in the licensee is a medical evaluation for random drug testing program alone. community.The EAP counselor fitness of randomly selected employees There are several disadvantages to this maintains contact with the employee to establish a basis for the collection and testing of urine. approach, however, that suggest that the during the problem resolution phase and NRC may now want to rely on EAPs often acts as a coordinator between the The employee is medically evaluated employee and his or her supervisor in three areas chemical use or alone to assure a workplace free of the effects of alcohol and drugs. while the employee receives inpatient dependency, physical well being, and treatment and when the employee psychological well being. Chemical use EAps have been defined as " systems to provide professional care to . returns to work.

or depencency is established by using As discussed previously under the eye evaluation techniques covering such employees whose job performance is or Behavioral Observation Program, items as pupil size, pupil reaction to may be adversely affected by light, and the ability of the eyes to alcoholism, drug dependence, emotional supervisory referrals typically occur problems, family difficulties, legal when a job performance proble.n converge on an object coming toward becomes apparent.The EAP counselor is the nose or to track an object from side issues, eating disorders, and similar to side and around the face. In addition, personal problems that not only threaten responsible for diagnosing the root the employee's effectiveness on the job cause of the problem and for referring the condition of a patient's skin, nose the employee to appropriate resources and mouth, coordination, and reflex but also tend to trigger a whole range of health problems" (Blair.1985). Thus, the (the same procedure is followed when response are evaluated.Some of the an employee self-refers to the program).

evaluation is quite similar to field EAP alternative is relevant of the entire ran e of fitness-for-duty problems. If the employee's j b performance does sobriety tests conducted by locallaw not improve, then sciplinary action is

' enforcement agencies. Physical well. e EAP literature describes several program elements neccssary to the taken.

l being is reviewed through a complete Although the literature suggests that j I evaluation of vital signs, including blood successful resolution of employee an EAP can serve as a valuable toolin l pressure, temperature, pulse, respiration, personal problems (McGaffey,1978; assuring that employees in the nuclear Sonnenstuhi & O'Donnell,1980, Foote & l and heart rate. A medical history survey industry are fit for duty, the primary j Erfurt,1981: Phillips & Older.1981; d 'I is also condseted to determine the current medical status of the empicpe.

Roman,198h Bierman,1982 Walsh, WManMd%MM j 1982: Gam, Sauser, Evans, & I. air,1983; represents for assisting employees to

' Psychological well-being is determined overcome ersonal problems that are Wrich,1988). The " ideal" EAP has been through a question-and-answer session not alcoho or drug related but that may i

described as including:

I evaluating mental awareness'eem.

• Management support for the EAP in interfere with job erformance. For depression, paranoia, self-est example, the pay ological stress

'" the form of a written policy statement anxiety and job stress, abnormal associated with marital or financial describing the program and explicit personality traits, and major life difficulties can impair performance of

- written procedures for implementing the changes. job responsibilities but will obviously program, There have not been sufficient data not be detected with drug testing. (

Support for the EAP and collected by the licensee to estab!!ah the cooperation from employee unions, The EAP staff is typically responsible j effectiveness of the medical screening

• Clearly defined job performance for conducting employee awareness i

(,-

appro( ch. There has been a relatively low rate of testing and, of those few standards training, and for training supervisors in behavioral observation techniques.

• Well-trained supervisory staff and actually submitting urine specimens for knowledge of the EAP among There are regarded by the NRC staff as testing. less than one half tested employees, important elements of an effective positive.

• A recognition by management that program.

It would seem that a strong behavioral performance problems can result from The EAP literature typically discusses p, observation program with highly trained many different causes, program effectiveness in terms of the

- and proficient supervisors would have

• Program staff who provide problem benefits accrued frorn program

, advantages over infrequent medical diagnoses, appropriate referrals, implementation compared to the costs of d screening because the supervisor would treatment coordination, and follow-up, the program. A number of studies have

' have opportuni+fes to observe more . Comprehensive treatment documented benefits along several l people more frequently. It would appear resources, dimensions. These dimensions include !

that the medical screening alternative

• liealth insurance coverage that is reduced employee turnover (Gam, would be less effective than random compatible with the EAP or company Sauser, Evans and I. air,1981), reduced 4 testing at detecting and deterring provided treatment funds. training and employee replacement occasional use of drugs.

• A program evaluation process, costs (Starr & Byram,1985) reduced Medical screening does not appear to

• An adequate budget. employee utilization of insurance be a currently viable alternative to Employees typically gain access to benefits (Foote. Erfurt, Strauchy, &

random testing. EAP services through two routes, self- Gazzardo,1978), reduced costs l l

L - . . _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ - - _ _ - - _ . - - - . - _ - -

Fed:nl Register / Vol. 53, No.184 / 'Ihursday, September 22, 1988 / Proposed Rules 36809 assoc!ated with incidental absence have entered treatment for drug or (Gaeta Lynn. & Crey,1982), and ne background investigations and alcohol abuse problems have been psychological assessments, of course, do reduced disability payments (Shore, 1984). Although the NRC cannot be rehabilitated and can be considered not deter drug abuse and would not reliable.

primarily concerned with these cost detect individuals who develop While there are drawbacks on the substance abuse problems after they savings to the industry, these data EAP approach alone, the merits suggest suggest that implementation of an EAP have been granted access. The that EAPs would perform a vital role in behavioral observation component of can have significant positive effects on assuring fitness for duty in the nuclear employee availability and so may the proposed program is designed to industry. An EAP's abuity to address improve the probability that unreliable improve plant safety indirectly by potential employee impairment caused contributing to adequate staffing. and untrustworthy persons are detected.

by problems that are not alcohol or drug Background investi Of greater relevance to the NRC's related justifies careful consideration. It concern with public safety are data pertaining to reductions in on-the-job is also apparent that an EAP can play a [sfchological assessmations, ents, and e avioral observation programs, significant function in detecting although sometimes controversial in accidents.Rowland Austin of General substance abuse problems that maY Motors reports, "We have found that otherwise continue undetected through a terms of effectiveness, are well accepted those who participate in the em drug testing program, as the EAFtrained for sensitive positions in various assistance program, as a reduce group,ployee supervisor can have frequent industries and types of government their on-the-job accidents upward of 50 opportunity to identify on.the-job servica.The disadvantages of sole percent"(1983). A stud done by the impairment and a diminishing job reliance on the access authorization Firestone Tire and Rub r Company performance, approach, however, include a relatively af times as weak detenent to drug abuse in

[{"gdh,uy 11. Access Authorization Program comparison to that pmvided by random (cited in fournalof American Insurance, The NRC is considering promulgation drug testing, and a lack of any 1984-85); AT&T found that of110 of an access authorization program to reemployment drug testing or ongoing participants in EAP. 28 had been govern the granting of unescorted access bjective assessment of drug use.

involved in accidents in the g years to ernployees in nuclear power plants. I. Workplace Security Measures before participation and only 5 were D* Proposed program, contained in a involved in accidents after participation policy statement issued for pubhc This approach to assuring that (Ca ets.1982). The U.S. Pos tal Service comment on March 9,1988 (53 FR 7534), empi yees with unescorted access are dso reports that the rate of on-the-job would require background fit for duty includes such techniques as av.idents has been significantly reduced investigations, psychological searches of the workplace. The sinu implementation of theirEAP assessments (i.e., testing and advantage of this approach over random (Bush'ess Insurance,1983).To the extent interviews), and an ongoing behavioral drug testing is that employees are lika,1y that acddents in the nuclear industry t are related to impaired employee observation unescorted access. program for employees with illegal drugs onsite to ne behavioral a grea performance, the existence and use of observation program that would be than with random drug testing, because an EAP by troubled em loyees may irnplemented, should the proposed these security measures directly detect directly improve the safety of plant policy statement become effective,is the possession while random drug testing operations. same behavioral observation program only assesses mcent use.The Data are not currently available that that would be implemented in disadvantages are that it cannot directly assess the effectiveness of accordance with this proposed fitnees. establish use of drugs, and it cannot EAP's in reducing drug ubuse with for-duty rule. The requirement in this address other types of fitness for duty objective measures.Therefore, the proposed rule for licensees to conduct a concerns. nerefore, workplace security relative effectiveness of EAP's and suitable inquiry to detennine if a person masures, although impodant elements random drug screening programs on has a history of fitness.for.daty to an effective program, should not be direct measures of drug use cannot be problems is compatible with the considered an adequate substitute for compared, background investigation that would be random drug testing.

There are several disadvantages in conducted under the access relying on the EAP approach afane to J. Employee Awareness and Education authorization program. Programa assure that employees in the nuclear The program under consideration industry are fit for duty. ne primary would expect the licensee to determine Any fitness for-duty prt. gram based disadvantage of the EAP spproach alone whether the individual considered is nog solely on employee awareness and is its reliance on supervisors' behavioral only reliable (ie., fit fr duty) but also education about the deleterious effects observation skills to identify persons can be trusted with access to nuclear of drug abuse is likely to be ineffective.

unfit for duty and on their willingness to facilities.There are a number of Behavior is notoriously resistant to confront troubled employees. (See advantages as well as disadvantages to change en the basis of knowledge alone, related discussion on Behavioral . this approach when compared to Consequently, this approach is not likely Oberservation Programs.) implementing a random drug testing to provide a powerful deterrent to drug There are two additional program. abuse. As an adjunct to other fitness-disadvantages of the EAP approach The unique benefit provided by the used alone. First, the deterrent effect for-duty approaches, however, employee access authorization program is that the awareness and education can contribute thought to result from random drug badground investigations and to a drug. free workplace.

screening will be absent although fear psychological assessments are intended An employee awareness and of supervisory detection in some cases to detect an individual with a history of, may serve a similar deterrent function. education program is a necessary or potential for, drug or alcohol abuse or component of drug testing and employee Second. an EAP without random follow- other problems that might make him or assistance programs (EAPs). Employees up drug testing lacks any objective her unfit for duty before the person is means of ensuring that employees who granted unescorted access.

must be informed about the rationale for drug testing and about procedures for f7

. . p

. 36810 Federal Regist:r / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules  ?

making referrals to the EAP. Employee excreton from the body, and the various rates of testing of the workforce. [

awareness and education also provide frequency of testing. The DOT proposed anti. drug program further evidence of the seriousness with

• The perceived probability of proposes that each employer annually >$

I which management views fitness-for- detection is related to the frequency of test, randomly 125 percent of all airline duty issues. testing, the " publicity" given positive employees involved in flight operations In addition to these benefits, an findings and sanctions imposed, and the and maintenance (53 FR 8368).

employee awareness and education abuser's knowledge of the rate of At the upper end of the scale, the program can be developed to make use metabolism and actual probability of individual U.S. Navy commands of the troubled employee's co-workers detection. typically test randomly at a rate of 20 to to detect potential fitness-for-duty For example, the probability of - 25 percent each month (approximately problems. With training in behavioral detecting the use of marijuana, since it is 300 percent per year). The evidence from observation, co-workers may be able to metabolized slowly,is much greater the military experience shows that there spot unusual behavior even before the than for alcohol, which is excreted in a is an increasing deterrent effect from employee's supervisor notices it. In matter of hours. Chronic users of increasing the frequency of testing -

addition, co-workers may hear of drug marijuana would probably have the (Stoloff.1985). Increasing the rate to as '

use, alcohol abuse, or other employee 8reatest probability of detection. high as 700 percent of the workforce problems that would not be detected by An individual ingesting a " typical" continues to show increasing deterrence. I the supervisor until the problem had dose 8 of manJuana (e.g., one cigarette) flowever, most of the deterrent effect is p become so severe that public health and once each month would have a realized below 300 percent. The nuclear safety had been jeopardized. Although probability of detection of about six workforce may have different co-workers may be reluctant to report percent if the workforce were randomly characteristics than the military -

unusual behavior or potentially tested using a cutoff level of 100 ng/ml- workforce.The same factors that bear damaging information in a public at a rate equal to 100 percent during the on favorable rehabilitation outcomes.

manner, the availability of a year. By selecting persons for testing discussed in Section VIII.C., may also confidential hotline can encourage them daily at that rate, approximately 63 lead to deterrence at lower testing rates. L to report and provide management with percent of the workforce actually would in addition to the need to conduct De tested. Lowering that cutoff level t random tests at a rate that will provide an opportunity to investigate the problem. Knowing that his or her co. 20 ng/ml would increase the probability both suitable deterrence and detection, workers are trained to identify aberrant o de ec o to out 2 pe et ore

,y the Commission bstres to use a behavior also may serve to deter an sampling strategy tnat assures that a .

employee from substance abuse.

"'8k 8 ' h on high percentage of the~ population is w9uld a se e pr bill y og c on per a ow to near 63 percent. If the workforce were te doa e og (] a a

IV. Rate of Random Tests ,

, more e

The purpose of random randomly tested using a cutofflevel of than once each year.

(unannounced) testing is to provide 1 ng m a a a e eq a o p cent The selection of a sampling strategy is g g reasonable assurance that employees guided by several objectives. The two detection would be about 2 percent for are fit for duty by identifying current monthly use and 50 percent for chronic primary objectives, deterrence and drug users and by deterring drug users detection, have been discussed above.

use. lf the rate of random testing were users from An effective testing strategy must assure from further initial use. Theuse or potential,th frequency wi which equal an to 125 percent of the workforce, that all workers subject to the rule are the probabilities of detection would be individual is tested is relevant to both about 9 percent and 72 percent continuously subject to testing at a rate the identification and deterrence goals suitable for deterrence.The strategy of the drug testing program. Generally, res a " typical" should not be overly burdensome to Anectivejbualingesting indiv the more frequent the testing, the greater dose of cocaine, i.e.,50-100 mg, once either the licensee or the employee. The the deterrent effect and the better the each week would have a probability of strategy should be cost effective and detection capabilities. However, very detection of about 13-15 percent if the easy to administer. Specific individuals l frequent testing may result in workforce were randomly tested at a should not be tested overly frequently I unacceptable economic or social costs. rate equal to 100 percent during the (unless they have had a confirmed Although there is no research upon year.lf the workforce were randomly positive test).The strategy should be which the testing frequency may be tested during the year at a rate equal to nondiscriminatory;it should be based,it seems reasonable to assume administered fairly enross all 75 percent, the probability of detection eat: for weekly use of cocaine would be individuals and categories of individuals

• Any form of unannounced testing about 7 percent. If the workforce were to minimize negative effects on would provide some level of deterrence. randomly tested at a rate equal to 125 employee morale. While it can be

• There would be little deterrent if the percent, the probability of detection demonstrated that different categories

. testing dates were predictable and the would be about 18-23 percent. , of workers may be more inclined to drug drug user knew he was not immediately With less frequent testing (e.g.10 to abuse (e.g., males versus females, susceptible to another test, 20 percent of workforce each year) the younger versus older, contractor

• Testing each day would provide probability of detection for an Individual personnel versus utility employees),

more of a deterrent than testing once becomes unacceptably small even for considerations of perceived fairness each week or month, especially if the relatively frequent use. It should be suggest that all categories of workers be i

daily activity was highly visible. noted that those utilities currently using tested at the same rate.

}

• Deterrence is related to either the random testing report between one and In selecting from among the various ,

j actual or perceived probability of two percent positives associated with strategies, however, some compromise I detection. among the various objectives will be j

• The actual probability of detection necessary. For example, decreasing the j

, since thm m no quatny controls in the drus i is related to the type of drug, dose, - culture, the quantity and purity of doses very testing rate relieves some of the burden

! frequency of use, rate of metabolism and considerably. ,

on the licensee and the individual l

J

' k a

i Federal Register / Vcl. 53, Nr.184 / Thursday. September 22, 1988 / Proposed Rules 3e311 worker. However, decreasing the rate

• A model that tested at the rate of. -Testing rates far the untested too far jeopardizes the deterrent and (e.g.)100 percent peryear of the population of 100,125, and 200 perossit detection objectives of the program. - population for the first period and > peryearof thefoto/ population.

' A strategy that combines a high continued at this rate of testing for -Testing rates for the actual tested testing rate for workers not yet tested in subsequent periods for those not yet Population of10 and 30 percent per a given calendar period, with a relaxed tested. However, the rate of testing of year. (See Table 2 for these ,

, testing rate for already tested workers the already tested population wee variations.) ,

(those with negative test results), reduced to a lower rete during In Tables 1 and 2, estimates were '.

provides for a reasonable balance subsequent periods of the testing year, based on an assumption of1,000 g among the program objectives. Several Variations of the model were considered workers in the population subject to i using: testing. Estimates based on larger  ;

alternative models were considered.

• A model that tested at a flat rete of -Monthly, quarterly, and semi-annual or ou gen e fl  !

100,125,150,200 and 300 percent of the periods for adjusting the tested population for the year (see Table 1).

essentially equivalent to those shown in )

population. the tables. P

. I TAsts 1.-PRosAssufiEs AssoCtATED WITH YARIOUs SAMPUNG RATES fj Probabelty of bang eseected 100 % 125 % 150 % 300% l Soon Not at as Q37 ,

0.20 &at & 1", 0.0s At loest once 0.83 O.71 0J5 oar OJ6 At leset huos l

&2e 0.3s 0.44 Eso OA0 At least trwee tonee I R0s Eis 0.19 OJr 0.58 TABLE 2.-PnosA81UTIES ASSOCIATED WITH VAnnous SAMPUNG STRATEGIES e Bene 1 Sees 2 Caes 1 Case 2 Case 3 Case 4 Case 5 Case O Cass 7 Case e . Case e l Case to bebsHy W bong M M 200 %

100/ 200/ 100/ 200/ 100/ ' 1001 126/ tas/ 100/ 195/ f M ,$, 10/s 10/S todo 10/0 10/M 30/Q 10/Q 30/Q 30/W 30/W Not at as 0.37 O.13 0.26 0m 0.14 Nearty ODO 0.0s 0.18 SD7 GA7 40s Neute 0.00 At least - 0.63 037 4.74 tas om Messer i

%AO 0.01 See RSS SAS 0.01 Nesser 1Je At least twice _ s 0.26 0.80 R21 0.5T 0.16 0 46 0.12 a22 42s 43g a 421 OJO ,

Total teste 1.000 wer*= 1.000 2.000 1,020 ' 2.032 i t,032 3.063 1.043 1.007 1.2ss 1. ass 1.13s 1.a43 Key' 100/10 means 100% rete for untestod/10% for tested, other nurnbers hScate resse chosen for stat caes.

s = Aapnimo esmennuesy O = Adtusted quarterty.

M = Adiusted rnontrvy.

I hgures for et inest three enes are m tar Base 1 and .ost ter Case & .

agures were oevooped unne meinoas eneso on appnosassons.

g L

An evaluation of the alternatives month) of the already tested population. percent rate, and substantially increases u indicated that strategies can be (For a total population ofi.000, this the percent of the workforce sampled 4 developed that achieve an acceptable would mean 2 additional tests in the during the year (from about 63 percent ,

balance among the program objectives. second month increasing to about 20 to about 91 percent). Further, the amount For example. Case 9 in Table 2 would additional testa in the 12th month for the of tetesting done on particular have the following characteristics and previously tested population.) A testing individuals is not excessive, given the advantages: rate of 30 percent per year for need to retain some deterrent effect, e Test at a rate equal to 100 percent / individuals already tested at a rate of even for the already tested population.

year for the first month. (For a 100 percent or more would provide a While Case 9 of Table 2 achieved an population of 1.000, about 83 tests) modest level of detection and deterrence acceptable balance among the program

• For the part of the population that while relieving some of the burden froen objectives. It may not be the only remains untested at the end of a month, the individuals who have been tested method which does.To allow a test at a rate equal to 100 percent / year and found free of drugs at the time of the reasonable arnount of flexibility in of the entire population. [That is, test. However, it should be noted that program implementation, the continue at 83 tests per month on the the deterrent effect potentially will be Commission proposes, as one successively reduced untested reduced for the tested population. A alternative, to state performance based population.) testing rate of to percent per year was - objectives rather than a specific

> For the part of the population that judged so low that a deterrent effect methodology in the rule. Alternative A has been tested prior to the start of a was questionable. of the rule as proposed would require given month, test at a rate equal to 30 This strategy results in only a few random tests to be administered la a percent per year (2 % percent per more total tests than testing at a flat 100 way that at least 90 percent of the Jf7

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E 36812 Federal Register / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules .

Individuals within the scope of the rule exercise. Hence, a positive confirmed levels for initial screening tests of are tested each year, that testing is test result indicates only that an 1 performed through the year and that marijuana are appropriate, as discussed [.

individual has recently ingested the i testing rates for individuals already below. The Commission has decided not drug. A positive result does not provide to take exception to the cutofflevel for tested with negative results not be lower information about frequency of drug use, inatal screening tests of marijuana for -

then 30 percent per year (2% percent per pattern of use, drug dependence.

month) for the remainder of the testin the sake of consistency with the federal legitimacy of use, or whether the person guidelines.The Commission invites year. Alternative B of the proposed ru e was impaired when the urine sample j would require random tests to be comments on this matter.

was collected (Manno,1986). Similarly, administered at an annual rate a negative test result only means that a The Commission understands that all equivalent to 30 percent of the person s urino sample did not have the of the test levels set by HHS are subject population subject to such testing. drug or drug metabolite in sufficient to change as warranted by advances in Other approaches were also concentration to give positive results technology or other conditions. Any considered including: (Manno,1906). It does not necessarily changes to the HHS Guidelines

• Occasional, unannounced, mass provide information about whether or subsequent to final NRC rulemaking of testing.

not the individual has ever used the drug fitness.for. duty programs will be

• Testing as a part of the annual or whether someone currently uses the considered ar. appropriate rulemaking medical exam. drug infrequently (Hawks.1986). taken to amend the NRC rules. It should

• Testing " windows" of a few montha Because of the numerous factors that be clearly unactstood that the duration associated with an annual influence both the concentration of a Commission regard 4 the HHS ,

event, such as a birthday. drug or drug metabolite in the urine and However, these approaches were Guldalines as minimum standards.

considered to provide too little the levels of impairment experienced by Licensees, at their discretion, may ,

individuals at various concentrations implement prngus with more stringent assurance that testing would be truly (see previous discussion under section I, I random, and individuals woaid riot be standards (e.g lower cutofflevels). i Impairment and reliability),it la not Considerations relating to the cutoff subject to testing through the calendar possible within the current state of the year. levels for each drug are discussed art to set cutofflevels that relate to a below, , ,

V. CutoffLevels precise measurement of performance impairment. Research has been initiated A. Marijuane Metabolites The selection of cuiofflevels for and sometime in the future it may be declaring the results of a drug test to be possible to address determination of An issue frequently raised when l

" positive" and to take some personnel testing for marijuana metabolites is that impairment based on serum analyses.

action is as much an issue of policy as In determhung the cutofflevels a true positive test may result from science.Whereas the technologies of the specified in the proposed rule. The NRC passive inhala tion. The cutoff level of test may permit very low cutofflevels 100 ng/ml for initial screening tests was under ideal situations, a cutofflevel set considered what levels of the drug would probably be found several days set by HHS to ensure that tests would slightly higher than the lowest tW is after use and the sensitivities of the not result in positives due to pa.sive technically feasible provides generally various analytical methcds available.

adequate sensitivity to identify abusers Inhalation. It should be noted that there For example, the longest time reported is some disagreement on the level at while providing a sufficient buffer to withstand challenges. (actual times are shorter) that a " heavy" which passive inhalation is a problem.

user of marijuana would display While some authorities believe that a

. Prior to implementing a program to detectable quantitles at a cutofflevel of test urine for drugs of abuse. It is cutofflevel of 209 ng/ml may be a important to understand what 100 ng/ml would be 2 weeks: should the problem, others believe that a cutoff information urine testa provide and how cutoff level be lowered to 20 ng/ml, the level of 5 ng/ml would not encounter the results can be interpreted. Simply " detection time" would be increased to significant passive inhalation problems.

4 weeks. significantly increasing the Recent studies indicate that only under stated, urine test results provide probability of detection and deterrence. the most extreme conditions (prolonged information about the concentration of particular substances in the urine. The For an occasional user of marijuana, the . exposure to high concentrations of ,

concentration of a drug or drug longest detection time at a cutoff level of marijuana smoke) would passive j metabolite in the urine does not provide 100 ng/ml would be 3 days: lowering the inhalation lead to a positive result at 20 cutoff level to 20 ng/ml would extend 1 much information about ng/ml (Cone, E.J., et al.,1987).

the detection time to to days. For l pharm ecologically active drugs in a Assay reliability at 20 ng/ml has been '

cocaine, a typical dose of 50-100 mg person Lystem nor does it provide would be detectable for 37-45 hours at a raised as another potential problem. The information about impairment (Hawks, early Enzyme Multiplied Immunoassay 1962).The concentration of a drug or cutofflevel occasional useofwo 300 7d not result in/ml. Heavy or Technique (latlT') tests were capable of drug metabolite in the urine is significant differences in detection detecting 50 ng/ml of marijuana influenced by several factors: these periods metabolites in urine with 95 percent include the dose of the drug taken, the The RC also considered the cutoff confidence (Peat. Finkle, and Deyman, route of administration, frequency of levels established by the Departments of 1982). Improvements have been made in use, and the time lapse from drug use to Health and Human Services (HHS), the EMIT' test, however, and a number urine collection (Manno,1986. Hawks & Defense (DOD), and Transportation of clinical studies indicate that false Chiang,1986).The concentration is also positives are no longer a problem at 20 (DOT). The NRC has concluded that the influenced by several factors unrelated cutofflevels described in the ng/mllevel(McBurney, Bobble, and to drug use such as amount ofliquid " Mandatory Guidelines for Federal Sepp 1986). In fact, some studies show recently consumed, time since previous Workplace Drug Testing Programs" - an unnecessarily high level of false void, time of day (urine la more issued by HHS on April 11.1988 (53 FR negatives when higher cutofflevels are concentrated in the morning than later 11970) should be adopted. Some used (Kogan, Razi, Pierson, and Wilson, in the day), and recent dehydrating authorities believe that lower cutoff 1986).

Fed:r21 R: gist;r / Vol. 53, No.184 / Thursday, Septemb r 22, 1988 / Proposed Rules 36813 B. Cocaine Metabolites E. Amphetamines that significant impairment is generally The initial and confirmatory cutoff The fundamental problem with cutoff noticed at the 0.04 to 0.05 percent levels levels as set forth by HHS (300 ng/ml level determinations for amphetamines and that experience did not compensate initial: 150 ng/ml confirmatory) are is the potential for cross-reactivity and I r performance degradation resulting sufficiently low due to detect regular true positives due to over.the-counter fr m alcohol use.The review also users who would test at a much higher drugs. In light of this, HHS has set the included studies of simulated aviation cutoff levels at 500 ng/ml for flight, which showed that decremental level, e.g.10.000 ng/ml at peak concentration for a normal user of confirmatory tests. Assay techniques ace effects on performance occurred in cocaine. The EMIT' tests currently used sensitive well below this level. A regular terms of aircraft position errors and user of amphetamines would have procedural errors daring the approach hy most gicensees wigj resugt in a phase of landing. Instrument flight positive for 18-27 hours after use urinary concentrations of 5,00MO,000 involving standard maneuvers, and (Vereby,1987). n8/ml*

other work load measures at all BAC .

F. Alcohol levels between 0.02 and 0.09 percent C. Opiates Alcoholls a drug whose effects are BAC (Ross and Ross,1985). Another The fundamental problem with opiate well known and documented, yet study (Clayton,1980) reported testing is dietary consumption of legal different jurisdictions have set different significant impairment of driving skills obstances (e.g., poppy seeds) and the levels between 0.05 and 0.10 percent at the 0.04 to 0.05 percent levels, while a use of over-the-counter drugs that % eld alcoholin the blood at which one is more recent study (Moscowitz,1985) true positives. Testing someone who considered legally impaired. Studies reports significant impairment of took some cough syrup or ate a poppy have shown that impairment depends on perception at even lower levels of blood seed roll prior to the test could yield a many factors unique to each individual, alcohol.

true positive that was not due to drug that impairment can exist at 0.04 or 0.05 The FAA prohibits any person from use. For instance, a person who percent alcohol in the blood, and that an acting as a crewmember of an aircraft consumed a normal dosage of cough upper limit of 0.05 percent is reasonable while having 0.04 percent by weight or syrup prior to the test could have given the impairing effects of alcohol. more alcoholin the blood (14 CFR 91.11).

The effects of alcohol may be felt In addition, the Council on Scientific concentrations of 10.000 ng/ml in their urine. A person who ate a moderate prior to reaching peak blood alcohol iffairs of the American Medical amount of poppy seeds could have concentration (BAC) levels in the body, Association has endorsed the 0.05 opiate concentrations of1,700 ng/ml. In one study, researchers found that the percent cutoff limit for driving (COSA, time to peak BAC was an average of 24 1986). In one recent analysis of the The cutoff level for initial screening deterrent effects of reducing the legal tests for total opiate metabolites was set minutes later than the time to peak alcohol effect (Radlow and Hurst,1985). limits for blood alcohol from 0.08 to 0.05 by HHS at 300 ng/ml; with free percent, a 14 percent reduction in Performance decrements due to morphine set at 25 ng/ml. Regular users alcohol consumption can occur at fatalities associated with drinking and would have much higher concentrations. relatively low BAC levels. One study driving was noted.

For example, a person who has been which measured cognitive performance Several statements may be made given morphine as medication would (divided attention and information regarding the BAC level of 0.05 percent have an approximate level of 4.000 ng/ processing) at low BAC levels showed and consequent impairment:

ml; for codeine medication the level evidence ofimpairment beginning at

• BAC levels in general are highly would be 2,000 ng/ml. 0.015 percent BAC and increased correlated with sccident risk and are a The NRC concluded that lower cutoff impairment with increasing BAC levels major causal factor of serious accidents levels greatly increase the risk of true - (Moskowitz, et al.,1985). One interesting (O'Hanlon, et al.,1988).

positives due to dietary consumption of note on this study is that the subjects

• There is growing consensus that a an opiate, not necessarily connected were 10 males averaging 25 years of age, BAC level of 0.05 percent impairs with Illicit drug use. Chronic drug users all moderate drinkers. According to cognitive and psychomotor task of opiates would be likely to have much epidemiological studies this group is performance in a variety of measurable higher concentrations in their systems, relatively resistent to the effects of forms.

e.g., for codeine the level would be alcohol; thus it is anticipated that

• performance decrements at low 30.000 ng/ml. Te provide further greater degrees ofimpairment at BAC BAC levels (0.015-0.00 percent) in a protection against true positives due to levels between 0.015 and 0.00 percent dose-related manner have been dietary consumption of an opiate, the w uld typically exist for younger, older, demonstrated (cf. Moskowitz, et al.,

Commission is proposing that a Medical and less frequent drinkers (Moskowitz, 1985). BAC levels above 0.04 percent are et al.,1985). associated with an accelerated risk of Review Officer review and interpret A review ofliterature on physiological causing accidents (O'Hanlon, et al.,

positive confirmatory test results as studies oflow BAC levels show that the 1988). However, it may be reasonably provided in the HHS Guidelines.

amplitude and velocity of smooth assumed that even lower BAC levelis D. phencyclidine (pCp) pursuit eye movements and saccadic (0.01-0.05 percent) potentially increase eye movements are reduced by alcohol. the risk of accident. Some researchers A typical user would have These changes are physiologically have recommended that a zero BAC concentrations of 500-400 ng/ml. As significant at a BAC level of 0.05 percent level be established for tasks requiring with cocaine, the HHS specified cutoff (Linnolla, et al.,1988). Smooth eye complex cognitive and physical level of 25 ng/ml is sufficiently low to pursuit and saccadic eye movements performance, permit detection for a few days. Many have been shown to play a significant

• Accident rates among persons with licensees are currently conducting initial role in visual information processing a BAC level of 0.05 percent are screening tests onsite using the EMIT' (Flom, et al.,1976). significant as measu- ' y automobile o

test with a cutofflevel of 75 ng/ml for in a recent review of the litenture for accidents, aviation acu 2nts, industry PCp. the aviation industry it was conc.'uded surveys, as well as general population 1

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l 38814 Feder:1 R:gistir / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules 1 l

studies, experimental research and storage. For example, the gas from nuclear safety duties. With this clinical studies. chromatography coupled with mass

• Impairment of cognitive and task approach, all violations of policy are spectrometry (GC/MS) method treated with equal severity; onsite use

' performance at the BAC level of 0.05 essentially produces a fingerprint of the percent and higher has significant would have the same consequences as drug or metabolite. However, the assay offsite use. Furthermore, any previous implications for power plant safety, and requires an " internal standard"-a is thus a legitimate concern for fitness- offsite use admitted during Employee deuterated sample 8 of the drug or Assistance Program (EAP) counseling for-duty policy development. metabolite. Some percentage of this While the potential adverse effects of would also result in mandatory removal.

added internal stande rd (approximately which would have a severe adverse alcohol cannot be discounted, based 7 percent) will not have been deuterated Impact on the effectiveness of the EAP.

upon industry commitments made to the and will thus show up as a drug or Commission, the NRC believes that Another approach is to permit metabolite. This can be subtracted out programs already established to meet of the reading but atlow cutofflevels licensees to determine on a case.by. case the Commission's Policy Statement (51 this adjustment may exceed reasonable / basis what sanctions, if any, will be FR 27921) and the Edison Electric imposed. Inconsistencies in the actions normal deviations for the test itself.

Institute's "EEI Guide to Effective Drug Thus, the purity of the internal standard taken would probably result at the site and Alcohol /F,itness-for-duty Policy poses problems for using very low cutoff level or between licensees, and leave Development, adequately address this levels. Also there is variation in the fitness-for-duty programs vulnerable to matter without prescriptive NRC extraction procedures, and only 75-80 challenges through legal proceedings.

regulation. These programs include the percent of the drug or metabolite may be The NRC believes public health and following attributes for coping with extracted. The internal standard can be safety can be well served if employees alcohol: .

used to adjust for this variation but are encouraged to voluntarily seek help

• Alllicensees have policies which within limits. before their problem is manifested in prohibit alcohol on conipany property Finally, technical and legal observable abnormal behavior.

End, at a minimum, state that use of implications of these issues could pose a The approach proposed by the NRC is alcohol that adversely affects job problem. For example. THC (marijuana) a "zero tolerance" for any involvement performance is not acceptable. Violation deteriorates in samples even when with illegal drugs within protected of the company'a policy may result in stored properly. The process of areas; 1.e., any use, possession or sale of disciplines action up to and including establishing low cutofflevels must illegal drugs within a protected areas termination. address the problem of sample

• Alllicensees have Employee would result in removal from activities deterioration and reconfirmation at a within the scope c ~ the rule for a Assistance Programs thatinclude later date. In general, the lower the treatment of alcoholabuse. minimum of five years. Any offsite use cutoff level, the more difficult it will be of drugs would result in mandatory

• All supervisors, and other key employees, are trained in behavioral to reconfirm. Although assay technology removal from activities within the scope observation techniques, which include is sufficiently precise in a controlled and of the proposed rule until such time as a regulated setting, the fundamentalissue determination is made that the person is detection of symptoms of alcohol abuse. is whether the technology can be

• Testing for alcoholis included in fit for duty. A second positive test would performed at 100 percent of its for-cause tests. Cutoff levels are usually capability at all times. A general rule of result in the removal from activities consistent with state law regarding within the scope of the proposed rule for thumb used by the DOD for determining a minimum of three years.To ensure driving while intoxicated. However, the legally defensible and practical cutoff Commission invites comment on that personnel actions are based upon levels is to double the detection limit of accurate information and to provide whether level tha NRC should specify a cutoff the specific assay technique. That is, the safeguards for employees, for alcohol the DOD requires that an essay be able to a Licensees have identified and taken detect concentrations of drug or proposed final review of test results by action on a number of fitness for-duty metabolite in the urine at 50 percent of a Medical Review Officer as described problems caused by abuse of alcohol, in the " Mandatory Guidelines for the set cutofflevel. While not h Federal Workplace Drug Testing G. Issues Regarding Test Reliability at " scientific" in its basis, it is probably Very Low Cutoff Levels practicalin its anticipation of problems Programs" issued by HHS (April 11.

In the legal procesa. 1908: 53 FR 11970).

Although current assay techniques can accurately test for substance VL Number ofPositive Tests Vll. Reinstitution of Unescorted Access presence at much lowerlevels than set A significant policy issue associated 'lhe NRC has a strong interest in by the HHS Caidelines, there are issues with fitness-for. duty programs involves assuring that among nuclear power concerning test rehability at very low the question of how many confirmed plant personnel who test positive, or are cutoff levels. A wellpublicized issue is positive tests should be allowed on any otherwise, determined to be involved that the presence af target substances one individual before mandating action, with impainng substances, only those due to the ingestion oflegal substances, such as removal from a safety sensitive who have succeeded in treatment are or in the case of marijuana, passive job. allowed to regain their unescorted inhalation can be detected through low One approach is to establish a "zero access authorization. Consequently, the cutoff levels. These alternate sources for tolerance" for dnige; any involvement Commission believes that it is true positive results are important to with drugs results in mandatory removal appropriate to require some time period consider in setting legally defensible to elapse to assure, before the individual

, cutoff levels. s A .mpw that is deutereted i. e pure drug is returned to unescorted access In addition, there are fundamental altered in order to increase its makcular weishe following the first confirmed positive questions concerning quality controls of without changins how the substance behaves under test result, that licensees have obtained applied testing on a massive scale; e.g.. p.7',$d$'N',,$'y",7,$,' ens a few a high confidence that the problem has test reliability, carryover from one assay hydrosen atoms on the drus molecule mih been resolved and that the individual to another, and sarnple handling and deutenom a toms. does not constitute a threat to safety.

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Fad:ral Regist:r / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules 36815 One approach to this issue is to by regular compulsive use (Maddux and combined approach to drug and alcohol establish a relative lengthy period, such Desmond.1986). treatments is most effective, as the as 90 days or longer, during which the Substance abuse appears to not fit the recovery process is similar across the individual is not permitted unescorted usual medical treatment model of a various substance categories (Cole, et access while he or she successfully disease that is responsive to a singular al.,1981: Waldorf and Biernacki,1981:

completes treatment. Another approach treatment episode (Senay,1984) Rather, McClellan,1984). Current research l 18 to establish a shorter period of the recovery research indicates that supports this belief:The behaviors sufficient duration (e.g., two weeks) to there is no one point in time that an associated with dependence and relapse permit the individual to be referred to individual can be considered " cured." to alcohol and opiates are highly similar the EAP for assessment and flowever, attempts have been made to (Rounsaville,1986). ,

development of a treatment plan. With identify a point in time since treatment Many studies are available that this approach, return of the person's at which an individual can be address the occunence of alcohol unescorted access authorization considered fully recovered. For example, relapse on both a short. term and long.

depends upon the judgment that the the Americans Medical Association has term basis. The short. term studies, individual will not pose a threat to plant developed criteria for recovery that defined by tracking of post. treatment safety by a medical professional include three years of abstinence from individuals for a period of two years or qualified in the analysis and treatment the primary drug of abuse and no abuse less, indicate that relapse rates for of substance abuse disorders. of other substances. Other investigators alcohol are quite high. For example, one Drug abuse " careers" vary to a great have recommended five years of study that followed 685 post-treatment extent between individuals: furthermore, abstinence as a reasonable benchmark.

Individuals found that 63 percent were research indicates that a relapse to As will be discussed below, however, abusing alcohol when contacted at the substance abuse can occur at any time longitudinal studies have faued to two year mark. A second two-year study after an apparently successful treatment isolate a threshold for length of found a 67 percent relapse rate episode. Therefore, treatment programs abstinence that determines permanent (Vaillant,1983).

need to be tailored to the individual. To recovery.

ensure that utilities carefully assess the The relapse rates for oplates are Consequently, recovery is most dramatically similar to those of alcohol.

nature of the individual's sabstance accurately described as a process rather One study found 67 percent of opiate abuse problem and develop plans for than as a state. Recovery can be defined appropriate treatment and future dependent individuals to be readdicted as the process by which substance employment, the proposed rule would within the first six months following abuse and related behaviors become require removal for a minimum of 14 decreasingly problematic for the treatment (Maddux and Desmond.1986).

days. A discussion of these issues in in a follow-up study of 2.000 post.

affected individual. Alcoholics greater detail follows. Anonymous developed their 12-step treatment opiate addicts. 56 percent to l 77 percent had resumed daily use at one s

A Substance Abuse Careers ",conbe s ef to 'be ,ej year post. treatment (the variance

'ne treatment and recovery literature " recovery alcoholics," recognizing that c urred due toindividualmeasurement indictes that an individual's pattern of they are always at risk for relapse f treatment groups)(Simpsa & Seus, substaae abuse can best be viewed as (Senay,1984: Maddux and Desmond, 1982).

a cycle t,.a includes both recovery and 1988: Wesson, Havassy and Smith. A comparison of the longitudinal relapse (Senar 1984: Tims and 1986). Because recovery represents a studies (i.e., studies that have followed Leukefeld.1986: h.addux and Desmond, process rather than a state, and because alcohol and opiate clients for a period of 1986). The cycle, which has been an Individual's rogress through that nye years or, longer aner the inmal described as the " substance abuse process cannot e predicted by elapsed treatment episode) again shows a career" by Maddux and Desmond (1986), time since last treatment, revocation of significant similarity in patterns.

ranges from no use to recreational / an employee's unescorted access for an For the majority ofindividuals, social use, to problem use, to arbitrary period of time following a multiple episodes of relapse are dependence with the inability to confirmed positive test result alone f 11 wed by periods of abstinence abstain. patterns within this cycle vary would not ensure that that the (Maddux and Desmond,1988: Simpson not only from individual to individual, individual would remain drug free. and Marsh.1986). However, the .most but over time in a given person. critical finding suggests that while Substance abuse careers differ in terms B. Relapse Rates multiple episodes of the abstinence /

of the type and number of substances " Relapse" has been defined as the replapse cycle tend to occur, relapse used, whether they are used " return to substance use, following a does decrease as the period of sequentially or concurrently, and in period of voluntary or enforced abstinence increases (Simpson and terms of the intensity of use, whether abstinence, at a level of intensity Marsch,1986).

episodic or continuous. Little is comparable to that attained before Although there are fewer studies of understood about the sources of these abstinence" (Babor, Cooney, Lauerman, other drug types, what research has differences. Research has not yet 1986, pg. 20). Relapse to the use of been conducted suggests that relapse provided a valid set of predictors that alcohol and opioids has been - patterns to other substances are similar would allow individuals to be screened extensively studied. Far less information to those for alcohol and opioids. A for susceptibility to substance abuse. is available on the substance abuse further study conducted by Hubbard Those individuals who meet the careers of those who primarily abuse and Marsden (1986) compared the diagnostic criteria for dependence will marijuana, cocaine, phencyclidine, or relapse rates of four drug categories:

most likely experience successive cycles other categories of drugs (Jaffe,1984), heroin, other narcotics, cocaine, and of abstinence, occasional use, daily use, because abuse of those substances is a other non. narcotics which include and treatment. " Dependence" refers to relatively new phenomenon. amphetamines, sedatives, barbiturates.

both the altered physiological state It is noteworty, however, that the and the minor tranquilizers. The study resulting from continued use of a alcohol and drug treatment community reviewed the post-treatment history of substance, and to the behavior indicated has recognized for several years that a 2.280 clients, randomly selected from 41 57 *

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, 36816 Fidiral Rigistir / Vol. 53. No.184 / Thursday. September 22.1988 / Proposed Rules d kj different treatment facilities The effectiveness of treatment is well characteristics, some or most will be t i representing the full spectrum of documented, although it remains unclear applicable to licensee employees.  ;

treatment modalities (i.e. methadone as to why treatment works. Numerous la summary,it appears that the j '

maintenace, detoxification, therapeutic longitudinal studies have shown that prognosis for rehabilitation among i' communities, inpatient facilities, out- pre-treatment levels of substance abuse licensee employees may be quite I patient drug free counseling).%e timin8 are generally higher than those of post- positive. The NRC believes that the of relapse was similar for all four treatment abuse (cf. jaffe,19M). utilities should emphasize these factors l categories.Two-thirds of those who Consequently, the goal of the NRC to whereappropriate to secure the greatest relapsed did so within the first 90 days ensure fitness for duty will be enhanced probability that an employee will after leaving treatment. A widely cited by treatment, remain drug free and not place public study that reviewed relapse rates over Of particula'r importance to the NRC health and safety ar risk in the future.

12 months following treatment showed is the suggestion by the treatment that smokers, alcoholics, and heroin D. Development of the Treatment. i literature that the critical factor in pollow.up and Future Employment Plans l addicts are alike in having relapse rates aln ng 8 "

greater than 50 percent in the first three tf During the period that unescorted l g e but the a months post treatment, and 60 percent access is withdrawn following the initial i treatment contact (Simpson.1984 relapse within the first year post- Senay 1984). In fact, severallargh-seda finding of a substance abuse disorder, j tre tment (Roun a il e,1986). the licensees should carefully assess the treatment follow.up studies have shown ,

that the treatment outcomes for those nature of theindividual's substance that pa rn o'lrela e $,88 abuse app oP '

consistent across dr g types among participating in such diverse treatment , andp dej o g e substance-dependent individuals. It is protocols as outpatient drug-free g,, g, g j criticalin the interpretation of the counseling. methadone maintenance, assure that the individual will regain I relapse and recovery literature to and therapeutic communities are unescorted access only after understand, however, that the primary statistically indistinguishable determination that the he or she is fit for focus of study has been the seriously (Rounsavdle.1986, Simpson,1984). duty, and that the risk is minimal that dysfunctional alcoholic or drug abuser. Although the evaluation of treatment the individual will pose a future threat The reasons for this are several. First, effectiveness in regarded by the to public safety.

alcohol and opiate abuse have been the research community as in an Prompt response to an initial focus of the community-based treatment evolutionary stage, several factors confirmed positive test result in the form system, and a high percentage of the associated with positive outcomes have of a treatment and employment plan is individuals who elect to participate in been identified.The most powerful likely to be effective in resolving publicly funded treatment are also determinant appears to be the substance abuse problems among the recipients of public assistance.The individual's commitment to treatment types of persons granted unescorted employed and educated middle class and the recovery process (Simpson. ,cc ,33 with employer-paid medical benefits 1984: Time and Leukfeld.1986). ne NRC recognizes that the have typically sought, treatment in Secondly, the therapeutic process itself evaluation of a substance abuse private facilities or with private can directly impact the treatment problentinvolves numerous factors practitioners. Private facilities, outcome. To be effective, the process unique to the individual, and that this unfortunately, generally do not should incorporate the individual's task is appropriately left to the trained participate in published research. commitment to change, sustain the judgment of a medical professional Hence, most of the research literature is commitment, and translate it into action qualified in substance abuse disorders, based upon the publicly funded client. (Simpson,1984), %ird, the length of time Consequently, any Individual receiving i and may not directly apply to the types in treatment has also been identified as a confirmed positive test result who is of individuals employed in the nuclear a factor, with longer participation in retained for potential return to industry. As will be discussed below, treatment being positively related to unescorted access, will be referred however, there are a number of factors treatment outcome (Simpson 1984: Tim

• immediately to the EAp for assessment that may contribute to the effectiveness and Holland.1984: Hubbard, et al., of the substance abuse problem and of treatment forindividuals with 1984). formulation of treatment, follow.up and i In addition to the various factors future employment plans. Since the r se ously dysfu c lonal u stance associated with treatment, there are success of this effort is contingent upon abusers. Thus, although relapse to. the reliability of the assessment, the several personal characteristics of substance abuse is likely for dependent NRC expects that each utility wdl individuals and can occur at any time patients that are associated with a positive treatment outcome.These engage qualifiedindividuals for post-treatment, there is evidence to factors include a stable family evaluating substance abuse problems.

l suggest that early detection of a background, an intact marriage or, Additionally, the assessment process developing substance abuse problem relationship, a stable and supportive job should utilize assessment tools that ,

and treatment may prevent relapse situation, minimal involvement with the specifically identify the nature and i among nuclear workers, extent of the individual's substance criminal Justice system, and limited C. Treatment Effectiveness psychological problems. Higher abuse problem. The diagnosis should Within the context of the substance socioeconomic status is also a predictor.' directly trigger the development of the abuse cycle, treatment remains the most Those clients with the least severe treatment, follow-up, and ernployment f

likely means by which the successive problems, and the greatest social and plans.

psychological assets, tend to have the To be most effective, the treatment cycle will be broken. As mentioned f above, treatment may also serve to best prognosis (Goodwin,1988; plan should be designed to meet the I

prevent relapse in those individuals Rounsaville,1986). While the typical specific needs of the individual. giving whose substance abuse problems are worker within the nuclear indtrstry consideration to the various factors still in the developing stage. cannot be assumed to have all of these discussed above. Individual attention is l

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Fedtral Regist:r / Vol. 53, No.184 / Thursday, September 22, '1988 / Proposed Rules 36817 especially criticalin the light of the testing, intensely at first, with gradually access to protected areas, and to various possible meanings of a decreasing frequency as the patient licensee or contractor personnel confirmed positive test result.The NRC progresses through the critica190 day required to respond to the licensees

• recognizes that a positive test can and one year periods and beyond to Technical Support Center (TSC) or indicate any stage of substance abuse achieve a high confidance of full Emergency Operations Facility (EOF).

along the substance cycle. For example, recovery, should also be emphasized in The rule would apply to these latter an appropriate treatment plan for a all follow-up plans. Follow-up testing categories of personnel because of the

" recreational" user might require the will also serve to assure that the goal of potential impact on public health and completion of the EAP assessment and public health and safety continues to be safety that could arise from human additional designated hours of drug met. failure on their part.The rule applies to education. Treatment may not be The employment plan should be based all persons with unescorted access to necessary. Instead, it may be more upon any limitations that need to be protected areas because effective to place an emphasis on placed on the individual being returned

• Current programs are implemented follow-up random drug testing (e.g., a to work. The plan should help the individual s supervisor understand what in accordance with the Commission's weekly rate initially, gradually Policy Statement (51 FR 27921) which decreased to monthly for at least one his role is in the follow-up plan, and set conditions for full restoration to duty, applies to all persons within protected year) and periodic EAP contact (e.g, areas at nuclear powerplants.

sufficiently frequent over an appropriate where appropriate.To test and evaluate period to achieve high confidence that the individual's substance abuse

• Such persons could introduce and the problem has been resolved). Under disorders, develop the plans, and obtain sell drugs in the workplace, this approach, the employment plan assurances that an individual does not

• Any such person under the would include a return of unescorted constitute a potential hazard to safety influence of any substance could cause access authorization at the end of the (in the case of a " recreational user), a safety hazard,if not to the general two week revocation period, with should be accomplished within two public, to him or herself and to fellow minimal risk to plant safety, weeks, workers.

At the other end of the spectrum, an in summary, the NRC expects the two-week mimmum mandatory revocation Section 26.10 Cenero/ performance appropriate treatment plan for an o3j,c,jv,,*

individual experiencing substance abuse period to be used by the utilities in the dependency will be more complex. In i 11 wing manner: Each individual This section is intended to facilitate this case, the EAp would likely make a receiving a first positive test result will proper management of fitness-for-duty referral to an inpatient facility, and the be referred to the EAp for assessment of programs by establishing clear program individual would not be allowed to his r her substance abuse roblem.The goals.

regain unescorted access until Intensive assusment wW drect the evelopment Although fitness-for-duty programs rehabilitation is completed. While f the treatment and employment plan, are intended to provide reasonable l several studies have suggested that which should be des,igned to meet the assurance that individuals are not using emphasis should be placed on the length individual's specific fitness-for-duty or under the influence of any substance, of treatment and not on the treatment

"ds. r mentally or physically impaired from type, these same studies further suggest np e t the d ve p n of a any cause that could adversely affect significantly poorer outcomes for follow-up plan that specifies the frequency of EAP safety, the specific program elements senously dysfunctional individuals who randorn drug testm. and procedures contamed in the contact and follow-up g.

receive an assessment only, without proposed rule apply only to drugs.

additional treatment, or who receive Section by-Section Analysis Specific measures for addressing abuse detoxification only, without additional The general objective of fitness-for- f alcohol, and legal drugs (prescription counseling (Simpson and Marsh,1986). duty programs is to provide reasonable and over-the-counter) are to be More extensive treatment involvement assurance that nuclear powerplant developed by each licensee Other appears to be necessary for these personnel are not under the infLience of factors that could affect fitness for duty mdividuals. any substance, legal or illegal, or such as mental stress, fatigue and illness Licensees should place emphasis on mentally or physically impaired from are also expected to be addressed by the development of a follow-up plan. any cause, which in any way affects licensee programs.

Ass'urances cannot be made that plant their ability to safely and competently in this regard, the proposed rule does j safety is maintained unless the perform their duties. To accomplish this not specifically address the offsite sale individual's progress is monitored once objective, the Commission is proposing or possession of drugs, the offsite use of he or she has regained unescorted to amend its regulations by adding a drugs determined by means other than access.The relapse and recovery new Part 26 to Title 10, Code of Federal chemical testing. attempts to introduce literature stresses the importance of Regulations. The following section-by. alcohol or drugs onsite, nor what actions after. care and follow-up monitoring to section analysis of the principal sections should be taken for drug events in the prevent relapse. Because the critical provide additional explanatoq own" controlled area. Licensees are period for relapse falls during the first 90 information. expected to take prudent measures to days, frequent contract by the EAP, identify and correct such problems.

, possibly weekly, will best assure that Section 26.2 Scope. These measures, at a minimum, should i the individual continues to remain This section sets out the include for-cause testing utilization of substance free. However, because most Commission's proposal as to the the access authorization program. and individuals who relapse do so within the employee and contractor population to appropriate investigations and searches.

first year, the follow up should also whom the regulation, including random Furthermore, licensees are expected to provide for continued EAP contacts testing applies, properly manage their programs and following the first 90 days, with To achieve the general objective, the include elements such as audits and decreasing frequency to perhaps one Commission proposes that the rule analysis of records to provide feedback contact per month. Follow up random apply to all persons with unescorted on program performance.

= '

u Et 36818 Fed:ril R; gist:r / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules The specific requirements described impairment due to the use of drugs, are d in the Program Elements and Procedures permitted to perform important tasks. (42 CFR 2.12(b)). Licensees who find that sections of the proposed rule are not such as manipulating control 42 CFR Part 2 applies, should inform the 2 intended to prohibit any !!censee from mechanisms or conducting maintenance Commission and propose a method to a adopting and enforcing more stringent accomplish the goals of the d standards. on facility equi,pment or systems. Testa would be required. requirements set forth in the proposed

• Immediately before the initial rule

• d Section 2620 Writtenpolicyprocedures.

granting of unescorted access to This section requires the Section 2827 Management actions and protected areas or assignment to establishment and implementation of  !

activities within the scope of this part. # ###i#"# ## b# i"####d.

written policies and procedures to

• On a random basis.The This section requires that ensure that all persons clearly Commission specifically invites management:

understand what is expected of them /

and what consequences may result from comments on a rate of testing that would provide a suitable deterrent. Two d

• Complete a suitable inquiry,i.e.,  :.

Violation of company policy. alternatives are proposed; others would verification of employment history, to g Section 2d21 Policy communication and be considered. determme if any person was ever owareness training.

• For-cause; and removed from activities within the scope $

• As a follow-up to verify abstention. of the proposed rule or denied This section requires appropriate training to ensure understanding of the For-cuase testing is required af ter unescorted access due to not being fit l accidents involving actual or potential for duty.

policy, how the program will function, substantial degradation of the level of 'l and the hazards associated with abuse . As a minimum, remove from '

of drugs.This section is intended to safety of the plant. This is the level of activities within the scope of the i

event characterized by an " alert" ensure that all persons understand and proposed rule for at least 14 days, and  !'

support the program and its emergency classifica This section adopts the tion. ,, Mandatory during any suspension period refer for implementation. {

Guidelines for Federal Workplace Drug assessment and counseling, those I Section 2622 Training of supervisors 8 persons having their first confirmed l and escorts.

fe*p tm nt f$ealt$andINu an posWve te t3matment. foHow-up and Services as minimum standards for future employment plans must be This section requires appropriate procedures for collecting and testing of developed, and any rehabilitation f

training of managers and supervisors to program deemed appropriate must be specimens and for ensuring the integrity ensure they understand their role in the of the testing rgram. This section also initiated, during such suspension period.

implementation of the fitness-for-duty adopts the HHS standards for 6 i program. In addition, all persons are Assurance of fitness must be obtained '

i

" Certification of Laboratories Engaged prior to return to duty.

required to be trained to ensure that in Urina Drug Testing for Federal they are sufficiently skilled to detect Agencies." Licensees would be

• Remove from activitics within the scope of the proposed rule for a l conditions that arise from abuse or permitted to conduct preliminary tests to minimum of three years, those persons l presence of drcy, and to ensure that the reduct the number of specimens l proper action is initiated. h:ving a second confirmed positive, forwarded to a contract laboratory for This section includes training in . . Not assign to activities within the Initial screening tests and confirmatory behavioral observation techniques tests. scope of the proposed rule for a which are also expected under the .

'Ihis s,ection requires, through the minimum of five years, those persons proposed Access Authorization Program HHS guidelines, that a medical review determined to have been involved in the policy statement (33 FR 7534). The NRC officer review and interpret positive, sale, use, or possece 5 M illegal drugs will ensure that the expectations in the confirmatory test results. within a protected area, l proposed policy statement and the

• Permanently deny unescorted j! l i

implementing industry guidelines and Se tion 2a25 En7ployee Assistance Pmgmms (EAP). access to those persons, who, having k ;

the requirements in this proposed rule been restored unescorted access after [

are compatible prior to publication of This section requires licensees to the above three or five year periods, are i

L any final rule in the Federal Register. maintain an EAP designed to achieve subsequently found to be involved with Section 2d23 Contractors, early intervention and to encourage self- illegal drugs. j j referral. This section stipulates that This section requires that contractor confidentiality shall be extended, except Section26.23 Appeals.

personnel be subject to, and abide by, a - where safety considerations must fitness-for-daty program. Furthermore, prevail. In this regard, any hcensee This section requires that there be an l contractors are required to not assign receiving direct or indirect federal appeal process in accordance with due any personnel previously removed from financial assistance in any form, which process and fundamental fairness any other nuclear power plant without may include revenue sharing or tax considerations so that adverse findings the knowledge and consent of the exempt status, may be required to as a result of the required testing licensee. maintain confidentiality of drug abuse program may be subject to further Sect >.on 2a24 Cherm.coltesting. patient records in accordance with 42 review at the instigation of the person CFR Part 2. Although this law is found to test positive for proscribed This section requires that chemical intended to ensure that an alcohol or substances. Rather than dictate what testing be conducted to deter and detect drug abuse patient in a federally that appeal procedure should be, the drug abuse. The testing is required assisted alcohol or drug abuse program Commisson has limited itself to because the Commission is concerned is not made more vulnerable than a with the possible impact on public proposing that there be an appeal health and safety if individuals, whose person who does not seek treatment, the procedure and notes that the grievance determination of whether federal procedures contained in collective reliability is questionable because of assistance is provided is much broader bargaining agreements may be suitable.

Fed:rtl Regist:r / Vcl. 53, No.184 / Thursdry, September 22, 1988 / Propos;d Rules 36819 Section 26.29 Pmtection of such as a possible failure in program Chesher, G.B.1980. "The Effects of Alcohol information, design or implementation. and Marijuane in Combination: A Review."

This section requires the licensee to The NRC developed a list of data that (lc [rugend Driving. Vol 2, No. 3-4.

ensare that personal privacy is appear to be appropriate based upon protected to the extent possible, . Informed resiews by appropriate Cluouet. D.H., ed.1980. NIDA. Reseaxh consistent with the need to carry out the professionals in other organizations. To Monograph 64. "Phencycl: dine: Ar.

ensure consistency of data and to Update." Department of Health and Human fitness-for-duty program. Accordingly, Servias, specific exceptions to the information facilitate analysis, a draft fonn Cohen. S.,19E " Effects of lang Tenn disclosure prohibition are provided. nis accornpanies the proposed rule.The Mariluana Use." Alcohot Drugs, and list of exceptions is considered to be Commission may request the data on an Driving. Vol. 2, No. b4. July-December, inclusive and no other disclosures as needed basis. 1900,

~

should be mede.1idisclosure oI the Section 26.73 Reporting requirements. # *"' **"*"**"0**

information is necessary for emergency Cannabinoids " Drug Abuse andDrug medical purposes. It is assumed that the This section requires licensee to Abuse Research, ne Second Triennial individual, or his/her representative, inform the Commission by telephone. Report to Congress frorn the Secretary, can provide the basis for such release. within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery, of all 8 Regardless,it is not the intent of this significant fitness-for-duty events' CE[N' "j'd M nN Delta 9-Tetrahydrocannabinol and its provision to in any way create potential including:

harm to anyone through nondisclosure Mdabolites. Alcohol. Drugs, and Driving.

a Sale, use, or possession ofillegal Vol. 2. No. 3-4. July-December.1986.

during a medical emergency. It should drugs within the protected area, Davis M.,1985. " Cocaine: Excitatory Effects .

' be noted that 42 CFR Part 2 may prohibit

• Any acts involving the illegal sale, on Sensorimotor Reactivity Measured with licensees that receive federal financial use or possession of a controlled Acoustic Startle." Psychopharmacology, assistance, from disclosing information substance (onsite or offsite) by any 86;1-21,31-36.

to another licensee regarding the nature person licensed under 10 CFR Part 55 to DuPont, RL, "Cocafne in the Workplace: ne of a person's problem. if that person operate a power reactor or by any Ticking Time Bomb."In: Washton. A.M.,

sought assistance on his own initiative. supervisory personnel assigned to G Id, M.S, ed.1987. Cocamet A Clwmn's perform duties with the scope of this """# **#'"

.on 26 Recodeeping j ,, part.This includes the results of confirmed positive tests on such Du ont, kl.1984. "Getting Tough on This section licensees to retain persons- Gateway Drugs: A Guide for the Family."

records to facilitate inquires to Washington, DC: The American Psydliatric Written reports are required within 30 Press.

determine if a person had been made days documenting such notifications Fehr, K.O Kalant. H, ed.1983. " Cannabis ineligible for assignment to activities and specifying actions taken. and Health Hazards: Proceedings of an within the scope of 10 CFR Part 28. This ARF /WHO Scientific Meeting on Adverse section also requires licensees to collect. Sect .on 26.80 Audits. Health and Behavioral Consequences of compile and analyze program This section requires licensees to Cannabis Use." Addiction Research performance data and to take F audit their fitness-for-duty program, p;,c appropriate actions to correct any including those sections implemented by W.' Behavioral program weaknesses so identified. The Pharmacology of Cocaine in Humans." See contractors, and to take appropriate . Grabowski, J., ed.1984. NIDA. Research collection and analysis of data is actions in response to the audit findings. Monograph 50. " Cocaine: Pharmacology, believed important for the following reasons: BIBIJOGRAP1fY Effects, and Treatment of Abuse."

• Although the proposed rule would Department of Health and Human Services.

I. Dmg Use andImpairment Frank. R.S 1987, November / December.

require elements that constitute an

" Drugs of Abuse: Data Collection Systems effective program based on current ^8.urell, SL. H !!1 ster, LF.1906.

information, fitness-for-duty programs of DEA and Recent Trends."fourno/of De ta etrahy An lytic / Toxicology. Vol11 No. 6.

are part of an evolving discipline; and a Ino elat na to Gawin, F.H., Kleber, H.D.,1986. Abstinence Effects in Man." Alcohol Drugs, and lessons learned and advances in Driving. Vol 2. NoR july-December, Symptomology and Psychiatric Diagnosis technology may warrant future revisions 1986. In Cocaine Abusers. An: hives of Genetul to the programs. The collection and Ambre. et al (To be published in 1988).

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requirement. The program performance ,9a S ce u P l'og, Department of Health and Human Services.

data would allow for empirical Developmental and Clinical Perspectives. Creaves, G.B.,1980. " Psychosocial Aspects of g,.. York: John Wily & Sons. Amphetamine and Related Substance evaluation of alternative strategies, c- Abuse." In: Caldwell. J., ed.1980.

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" Driving Simulator Studies of Marijuana Ellinwood. E.J.,1971. " Assault and Homicide and Environmental Medicine. 47:124-128 Alone and in Combination with Alcohol. In:

1976- Associated with Amphetamine Abuse."

Proceedings of the 25th Conference of the Jones. R.T., ,'The Pharmacology of Cocaine.,, American /ournalof Psychiatry,127.1170-See Crabowski ], ed.1984. NIDA. American Association for Automotive gg75 Medicine. San Francisco, CA.1981. pp.107- Ellinwood. E.H., Nikaido. A.M.,1987 Research Monograph 50. " Cocaine: 116.

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Klonoff. H 1984. " Acute Psychological (ADMJ82-1212. Washington. DC: U.S.

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Walsh. J.M.,1987. " Drug Effects on Human " Growing Abuse of Phencyclidine:

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1986. NIDA. Research Monograph 64. i to the issues." National Foundation for the 1986. NIDA. Research Monograph si, s Phencyclidine: An Update." Department "Phencyclidine: An Update." Department I of Health and Human Services. Stud (ington. DC'of Equal EmploymentofPolicy.

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" Investigating the Role of Substance Abuse Phencyclidine."In: Kamenks.J.M. Domino, Group Surveys Drug Testing." Chemica/

In OccupationalInjuries." Alcohol Health F.F, and Geneste. P, eds. Phencyclidine l

Engineering News. Vol. 85. No. 22. p. 8.  !

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Abuse: The Bases for Employee Assistance Baumgartner. W.A.: Black C.T.: Jones. P.E.: A viction. Space and Environmental l Programs in the Nuclear Utility Industry." Blahs, W.H,1982. " Radioimmunoassays of Medicine,18-23.

l NUREG/CR-3196, PNI. 4879. BHARC 400/ Cocaine in Hair: Concise Communication." Bureau of National Affairs. Inc., Daily Labor l 83/003. Journalof Nuclear Medicine. Vol. 23. pp. Report.1987. June 17: a-13.

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Ross, LP., Ross S.M,1985. " Alcohol and 794792. Burns. M. (1987). Sobriety Tests for the Drug Use in Aviation." Alcohol Health and Caddy. B.,1984. " Saliva as a Specimen for Presence of Drugs. A/cohol. Drugs and Research World. Summer 1985. Vol. 9, No. Drug Analysis." Advances in forensic Driving. 3(11,25-29. J l

4. Toxicoloty. Biomedical Publication, pp. Castro. ),1988. March 17. " Battling the Schwartz R.H. Hawks. R.L.1985. August 9. 198-254. Enemy Within." Time. Vol.127. No.11. pp.

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Fed:ral R: gist r / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules 36821 American Medical Association. Vol. 258, No.15. pp. 2089-2096. Martin, D.W.: Heckel. V.M.: Long. R 1984, Testing for Drugs of Ab'se. NIDA Research u

Nov ember-December. " Comprehensive Monograph 73 Englund et al., (Unpublished) United Tri.

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in on Highway Terror. Police Chief. 52(7).

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of Hgaze Nystagmus as a Part of Roadside $245.

COSA.1986. " Alcohol and the Driver."

Sobnety Testing. Ameri,canfourna/of Raezer. T.A.,1987, Spring. "Needed Weapons fournalof the American Medical Optometry & Physiological / Optics. &7(6). in the Army's War on Drugs: Electronic Association. 1980. 255. Pages 522-527.

4W71 Surveillance and Informants.: 116 Military Flom. M.C., Brown. B., Adams, A4. lonee, Goodwin.' Donald W.,1988. " Alcoholism: Law Review 1.

R.T.,1976. " Alcohol and Marijuana Effects Who Gets Better and Who Does Not. In Reed. T.E., (1985). The Myth of the " Average on 0;ular Tracking." American fournal Alcohol Response." A/cohol. 2. 515-619 s1 Shore. H 1984. Spring. " Employee Optom. Physio. Opt., 53, 764.

coho /s Orki s a dOutco e N Ha wks. R.L; Chiang C.N.,1986. " Urine York: Raven Press Assistance Programs-Reaping the Testing For Drugs of Abuse." Research Gregoire, K.C.1979. January. "An Evaluation Benefits." Connecticut, Univ. of Sloan of Several Aspects of a Consortium Monograph 73 NIDA. Washington. DC:

Afanagement Review. V 1. 25, No. 3. pp. 69- U.S. Govt. Printing Office.

Employee Assistance Program." I3' Stapleton. J.M., Guthrel, S.. & Linnolla, M.

. Hawks, R.L (ed.)1982. 'The Analyst of Dissertation Abstmets /nternationah U Cannabinoids in Biological Fluida." NIDA Nebraska. Lincoln. Vol. 39 (7-B) 3567 (1986). Effects of Alcohol and other Research Monograph 42. KHHS Pub No.

Hanson. D4.1987. " Drug Abuse Testmg Psychotropic Drusts on Eye Movement:

Programs Gaining Acceptance in (ADM)82-1212. Washington, DC: U.S. Govt Relevance to Traffic Safety. /ournalof Printing Office.

Work place." Chemical and Engineering Studies on Alcohol. M5),42&432.

News. Vol. 64. No. 22. pp. 7-14. Starr, A.: Byram. G.,1985. August. " Cost / Kogan, M4:Razi. J.A.: Pierson. D4:Willson, Ha wks. R.L: Chaing. C.N.,1980. " Urine Benefit Analysis for Employee Assistance N4.1986. April " Confirmation of Syva Testing for Drugs of Abuse,"Resaarch Programs." Personnel Administmtor. Vol. Enzyme Multiple Immunoassay Technique Monograph 73; Nationalinstitute of Drug 30. No. 8. pp. 55-62. (EMIT) d.a.u. and Roche Abuscreen Abuse. Tims. Frank M.. and Sherry Holland.1984. "A Radioimmunoassays (RIA) (1251) Urine Hoffman. E.: Roman. P.M.1984. May.

• Effects TreatmentEvaluation Agenda:DiscusMons Cannabinoid Immunoassays by Gas i of Supervisory Style and Experimentally and Recommendation." N/DA Chromotagraphic/ Mass Spectrometric '

Based Frames of Reference on MONOGRAPH #5. (GG/MS)and Bonded-Phase Absorption /

Organizational Alcoholism Programs." Trice. H.M.: Beyer, l.M.,1984. September. Thin Layer Chromatographic (BPA-TLC)

Tulane U, Newcomb Co///ournalofStudie.; , Work-Related Outcomea of the Me thods." fournal of forensic Sciences.

on A/cohol. Vol. 45. No. 3. pp. ?.60-207, Constructive-Confrontation Strategy in a /FSCA. Vol. 31. No. 2. pp: 494-600.

Hoffman. N G., Harrison, P.A.,196?, March. Job. Based Alcoholism Program. Corne// 1.in.'nolla. M., Guthrie. S., Lister. R.,1986. .

" Patient Variations in Alcohol Treatment U., New York State SchoolofIndustrial& Mechanisms of Drug-Induced Impairment Utilization." Business & Health. Vol. 4. No. Labor Re/otions fournal ofStudies on of Driving."In: Dru s and Driv l 5.pp.1 &18. A/cohol. Vol. 45, No. 5. pp. 393-404. O'Hanlon, J.F., deG er. J4, eds. aylor&

Hubbard. Robert L S G. Craddock, and United States Sena te Commission on Francis, 1986. 29-49. Manno. l.E.,1986.

Elizabeth Cavanaugh.1984. " Treatment Commerce, Science. and Transportation. "S ecitnen Collection and Handling."In:

Outcome Prospective Study (TOPS): Client Washington, DC 20510.1987 April. Hawks

• R'L. Chian8 Characteristics and Behaviors Before' Tmnsportation Employee Safety and Monograph 73. Urine' TestingC.N., NIDA'of Research for Drugs During. and After Treatment." N/DA Rehabilitation Act ofl967. Report Together Abuse. Department of Health and Human MONOGRAPH #51. with AdditionalandMinonty Views. Services.

Kennedy. R.S., Turnage. J.T. and Lane, N.F. Calendar No. 97: 100-143. Manno, J.E.,1986. " Interpretation of (1988). Application of a forfable Westerman SL Gilbert. LM & Urinalysis Results. , In: Hawks. R.L.

Microcomputer Mental Acuity Batteryfor Shrewsbury NJ (1981. September). A Non, Chiang. C.N.1988. NIDA. Research fitness.for-Duty Assessment in Power invasive Method of Qualitative and Monograph 73. Urine Testing For Drugs of Plant Operations. Essex Corporation report Quantitative Measurement of Drugs. The Abuse. Department of Health and Human presen ed at 1988 IEEE Fourth Conference Laryngoscope. 91.1536-1547. Services, on Human Factors and Power Plants, Westhiemer, G. (1963). Amphetamine, Monterey, CA; June 5-9.1988. McBurney. LJ.: Bobbie, B.A.: Sepp. LA.,1900 Barbiturates. and Accommodation. "GC/MCand Emit Analysis for Analyses Masi. D.,1987, March. " Company Responses convergence. Archives of Ophtha/mology, to Drug Abuse from AMA's Nationwide for Delta.9. Tetrahydrocannabinol 132-138.

Survey." Personnel. Vol. 40. pp. 40-46. Metabolites in Plasma and Urine of Human Wilkinson. I.M.S. (1986, July). The influence Subjects."fournalof Analytical McClellan. K.1984. October-December, of Drugs and Alcohol Upon Human Eye Toxicology. Vol.10.

" Work. Based Drug Programs. Tri County Movement. Proceedings of the Royal Employee Assistance Program. Akron." Society of Medicine. 69. 479-480. Moscowitz. H.1985. " Skills Performance at Ohio fournal of Psychoactive Drugs. Vol. Willette. R.E.1986. Drug Testing Programs. In Low Blood Alcohollevels."/ournalof

16. No. 4. pp. 285-303. Studies on Alcohol, Volume 48, No. 6, Hawks. R.L and Chiang. C.N., Eds., Urine Psges 11-15.

__ - __ - -- - = - - - -

r . -

36822 1

Fed:ril R:gister / Vol. 53. No.184 / Thursday, Sept:mber 22, 1988 / Proposed Rules O'Hanlon.1.F Brookhuis. K.A Louwerens, I.W., Volkerts. E.R 1966. "Performsoce Vainant. G.1983. The Natura1Histoy of Alcoholism. Harvard University Press. collection of information, including Testing as Part of Drug Registration."In: suggestions for reducing this burden, to Drugs and Driving. O'Hanlon J.P., deGler. Waldorf. D and P. Biernacki.198L "The l.J., eds. Ta yfor & Francis,1986. 311-330. Natural Recovery from Opiate Addictice." the Records and Reports Man.agement fournalofDrugIJJueA.11. Branch. Mail Stop P-530, Division of Pee t. M.A., Finkle. ES Deyman. M.E,.1982.

Wesson. Donald R., Barbare F Havessy. and Information Support Services. Office of In: Hawks. R.I ed.1est. NIDA. Research David E. Smith.1986.' Theories of Relapse Monograph 42. %e Analysis of Administration and Resources Cannabinoids in Biological Fluids." and Recovery and Delt Implications for Drug Abuse Treatment."MDA Research Management. U.S. Nuclear Regulatory Department of Health and Human Servias. Monograph #72. Commission. Woshington. DC 20555:

R tion $ een 1 A and to the Office ofInformation and o Backfit Analysis Regulatory Affairs. Office of Concentration and AlcobolEffect An Expenment with Human Subjects /* Because this rulemaking modifies a $nN'ent and Budget. Washington.

prior Commission position by adding a Ros L and o M. 1 "Alc and new rule, a draft backfit analysis has Regulatory Analysia Drug Use in Aviation." Alcoho/ Health and been prepared pursuant to 10 CFR 50.109 Research World Summer.1985. VoL 9, No. In which a preliminary finding is made An analysis of the costs and benefits

4. Pages 34-41.

that the rule will provide a substantial of the proposed rule is included in the Verebey, K 1987." Cocaine Abuse Detection draft backfit analysis described above.

by Laboratory Methods." In: Washton.

increase in the overall protection of pubuc health and safety and that the A.M. Gold. M S.. eds.1987. Cocainet A Environmental Assessment and Finding Clini ndbook. Guilford Press. New direct and indirect Costs of of No Significant Environmental Impact implementation are justified in view of the increased protect 2on. As noted, the Identification of Proposed Actiom %e V. Rem, st;,tution of UnescortedAccess finding is preliminary and the proposed rule would require licensees Babor. Thomas. F., Ned I. Codney, and Commissim requests comments on authorized to operate nuclear power Richard J. Lauerman.1900. %e Drug application of the backfit rule to this reactors to implement a fitness-for-duty Dependence Syndrome Concept as an rulemaking as presented in the draft program whose general objective is to Organizing Pnneiple in the Explanation analysis. provide reasonable assurance that and Prediction of Relapse." MDA Reseamh Monogmph a Under the backfit rule the Commission activities associated with nuclear power Cole. S., E. Cole. W. Lehmen. and W. lees. has two options with res et to backfits plant operations are carried out in an 1981. "%e Combined Treatment of Dmg It believes are needed.T Commluion environment which is free of the effects and Almhol Abusers: An Overview

• can make the required finding of of drugs. Under the proposed rule.

Journolo/Druglaeues.11. substmualinmase 6 mU testing for impermissible drug use would Hubberd. Robert 1 and Mary E. Marsden, protection of pubuc health and safety, or be conducted prior to authorizing 1988. " Relapse to Use of Heroin. Cocaine. It can decide that the rule in question is unescorted access to protected areas or and Other Drugs in the First Year After necessary to provide adequate assi8nment to other activities within the Trastruent."MDA Research Monogrqph 4 protection to the health and safety of the sco e of public and thus not subject to backfit , e , e ptop ,dg se ruI act 'or d mly f Jaffe. lerome H 1964. " Evaluating Drug Abuse Treatment: A Comment on the State analysis. Although the draft backfit after certain operational events, based Egpe Art"MM Research hogmph analysis adopts the first o tion. the n reasonable cause, and to verify Commission also desires c.omment on continued abstention. In addition, the I se an ecoveryin Sub ance p na e f r s making. "'s u prog m "

Abuse Careers." MDA Research The draft backfit analysis is available h gP Monograph M n P ICY McClellan. K.,1964. " Work Based Drug for inspection and copying for a fee at and procedures, provisions for the Programs."foumalo/ Psychoactive Orugs, the NRC Public Document Room at 2120 training of supervisors and employees.

t o. L Street NW. (lower level). Washington. standards for drug testing, management Rounsavine. Bruce J toes. " Clinical DC. Single copies ma be obtained by actions, and requirements for employee i

Implications of Relapse Research."MDA writing to the U.S. N lear Regulatory assistance programs and appeal Research Monograph en Commission. Washington. DC 20555. Procedures S

• Im 8**b w Paperwork Reduction Act Statement The The Need for the Proposed Action:

Nuclar Regulatory Commission Outcome Research." MDA Ressorch . His proposed rule amends

. Monograph #51. recognizes drug abuse problems to be a Simpson. D 1984. " National Treatment information couection requirements that social, medical. and safety problem System Evaluation Based on the Drug are sub}ect to the Paperwork Reduction affecting every segment of our society.

Abuse Reporting Program (DARPI Act of 1980 (44 U.S.C. 3501 et seq.). His Given the pervasiveness of the problem.

w s esearch. MM Rad rule has been submitted to the Office of prudence indicates that the Commission Management and Budget for review and Simp nd erry Marsh.198E " Relapse approval of the paperwork consider measures that would continue and Racovery Among Opiods Addicts 12 to reasonably assure that the effects o requirements.

Years After Treatment."MDA Research drugs do not adversely affect the c pubh,f Monogmph #72. Public reporting burden for this hesah and safety.

Simpson D., arid S. Sell.1962. " Effectiveness collection of information is estimated to The Commission recognizes and of Treatment for Drug Abuse: An Overview everage 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> per response, including appreciates the significant efforts of the DART Research Program." Advance time for reviewing instructions, already undertaken by the Nuclear Studies for AlcoholcadSubstance Abuse, searching existing data sources. Utility Management and Resources gathering and maintaining the data Council (NUMARC), the Institute of Tims. Frank M., and Carl C. Luckefeld.1986. needed, and completing and reviewing

" Relapse and Recovery in Drug Abuse: An Nuclear Power Operations {!NPO), and the collection ofinformation. Send the Edison Electric Institute (EEIJ, and Introduction." MDA Research Monogmph comments regarding this burden

1. 72 each nuclear power reactor licensee in estimate or any other aspect of this developing and implementing fitness-B

i Rd ral R; gist:r / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules 36823

5 for duty programs for nuclear power the Commission hereby certifies that sec. .

plant personnel. Nevertheless, the tMs rule will not have a significant 26.73 Reporting requirements.

Commission's evaluation of experience economic impact on a substantial gained since its policy statement was Audits number of small entities. The proposed 26.80 Audits.

published in the Federal Register on new 10 CFR Part 26 applies to certain August 4.1988, indicates that owners and operators of civilian nuclear Enforcement -

rulemaking is now appropriate to power reactors and their contactors. The 26.90 Violations, achieve further improvements. companies that own these facilities do Authority: Secs. 53. 81.103,104,107,181, es EnvironmentalImpacts of the not fall within the scope of"small Sta t, 930. 935. 936. 937, 939. 948, as amended Proposed Action: The proposed rule entities" set forth in the Regulatory I would require certain management Flexibility Act or the small business size 8;C207.21tt.Q22k3.2,1

, , ,g g ,

actions and procedures intended to standards set out in regulations issued 1246, as amended (42 U.S.C. 5841. 5842,5848).

minim ze the probability of human error For the puroses of sec. 223. 88 Stat. 958, as by the Small Business Administration in that could endanger the public health 13 CFR Part 121. Any costs to the minor amended (42 U.S.C. 2273) li 26.20. 26.21.

and safety. Although these activities 20.22. 20.23. 28.24, 26.25. 28.27, 28.28, 28.29 and number of small entities affected,1.e., 28.80 are issued under secs. telb and 1. 8a would have a social and economic contractors, will apply only to those impact, the impact on the environment Stat. 948, and 949 as amended (42 U.S.C. -

contractor employees working at the 2201(b) and (i)): il 26.70. 28.71, and 28.72 are would be positive in that there would be nuclear power reactors, and would issued under sec. telo. 68 Stat. 950, as some reduction in the probability of a probably be reimbursed through the amended [42 U.S.C. 2201(o)].

radioactive release due to human error contract.

by a person impaired from the effects of General Provisions

? drugs. List of Subjects in 10 CFR Part 26 { 26.1 Purpose.

Alternatives to the Proposed Action:

The principal alternative would be to Fitness for duty, Chemical testing. This part prescribes requirements and Drug abuse. Drug testing. Employee standards for the establishment and take no action and continue to use the Commission's policy statement of Assistance Program. Management maintenance of certain aspects of August 4.1986 (51 FR 27921). Since the actions. Sanctions. Appeals Protection fitness.for-duty programs and r of information. Reporting and procedures by the licensed nuclear Commission has concluded that no Recordkeeping requirements. Nuclear adverse environmental effects are industry.

power reactors.

associated with this proposed action. i 26.2 sege-any alternatives with equal or greater For the reasons set out on the i ,

environmentalimpact need not be preamble and under the authority of the (a) The regulations in this part apply evaluated. Atomic Energy Act of 1954. as amended, to licensees authorized to operate a Alternative Use of Resources: This the Energy Reorganization Act of1974, nuclear power reactor. Each licensee action involves the use of health care as amended, and 5 U.S.C. 553. the NRC shallimplement a fitness-for duty r professionals and facilities not is proposing to adopt a new to CFR Part program which complies with all previously considered in connection 28 sections of this part.The provisions of with the Final Environmental 1. Part 26 is added to 10 CFR Chapter I the fitness-for-duty program must apply Statements related to any licensed to read as {o11ows. . to all persons granted unescorted access facilities. to protected areas, and to licensee or Agencies and Persons Consulted: The PART 26-- FITNESS FOR DUTY contractor personnel required to NRC staff considered numerous PROGRAMS respond to a licensee's Technical documents which are listed in the above General Provis&ons Support Center (TSC) or Emergency bibliography, and has met with Operations Facility (EOP) in accordance with licensee emergency plans and representatives from NUMARC and four It procedures. The regulations in this part unions (The International Brotherhood of Electrical Workers, the International 20 2 '

do not apply to NRC representatives, Union of Operational Engineers, the Oil. 28.3 Def$itions. law enforcement personnel, and offsite 28.4 Interpretations. emergency fire and medical response Chemical and Atomic Workers Union. 28.6 Exemptions.

and the Building and Construction personnel while on official duty.

28.7 Infonnation collection requirements:

Trades Department of the AFL-CIO) the OMB approval, (b) The requirements in this part must i Federal Aviation Administration,the be implemented by each licensee Gener 1 Performance Objectives authorized to operate a nuclear power attel e if a ff i s Resea ch Center. 26.10 General performance objectives reactor no later than (insert date 90 days Find,ings of No Significant Impact: The Program Elements and Procedures t pu l " " p or Commission has determined under the 28.20 wntten policy and procedures-e req e ent nple e rand 9 drug testing contained in i 26.24. which National 1969. as amended, Environmental and the Commiselon Policy Act oftraining.

26.21 ,a communication and awareness must be implemented no later than Policy regulations m Subpart A of to CFR Part 28.22 Training of supervisors and escorts. (insert date 180 days after publication of i 51. that this rule,if adopted, would not 28.23 Contractors. final rule).

be a mafor Federal action significantly 28.24 Chemica: testing.

affecting the quality of the human 28.25 Employee Assistance Programs (EAP) t 2s.3 Definitions, environment and therefore an 26.27 Management actions and sanctions to ,,A,liquot,, means a portion of a environmental impact statement is not be imposed. specimen used for testing.

required. 28.28 Appeals.

26.29 Protection of information. " Commission means the Nuclear Regulatory Flexibility Act Certification Regulatory Commission or its duly Inspections, Records and Reports authorized representatives.

In accordance with the Regulatory 2e.70 Inspections. " Confirmatory test" means a second Flexibility Act of 1980,5 U.S.C. 605(b), 28.71 Recordkeepmg requirements. analytical procedure to identify the

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,36824 Federal Register / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules

[

i' presence of a specific drug or metabolite employment in accordance with a and procedures designed to meet the which is independent of the initial test fitness for duty policy. general performance objectives and and which uses a different technique " Unannounced testing" means specific requirements of this part. Each and chemical principle from that of the unannounced random tests. licensee shall retain a copy of the initial test in order to ensure reliability current written policy and procedures as and accuracy. 24.4 Interpretations.

" Confirmed positive test" means the Except as specifiestly authorized by a record until the Commission result of a confirmatory test has the Commission in writing, no terminates each license for which the confirmed the presence of interpretation of the meanmg of the pol cy and procedures were developed '

regulations in this pan by any officer or and,if any portion of the policies and concentrations of drugs or metabolites procedures are superseded, retain the in a specimen above the "cutoffleveL- employee of the Commission other than a written interpretation by the General superseded material for three years after "Cutofflevel'? mean the value set for each change. As a minimum, written designating a test result as positive. Counsel will be recognized to be bindin8 policies and procedures shall add::ess

" Drug abuse" means the use of a upon the Commission.

psychoactive substance for other than fitness for duty through the following:

$26.6 Exemptions. (a) An overalldescription oflicensee medical purposes which impairs the phys 5 cal mental, emotional or social The Committee may, upon app!! cation policy on fitness for duty. The policy welbbeing of the user. of any interested person or upon its own shall address abuse of illegal drugs and Initiative, grant such exemptions from legal drugs (e.g., alcohol. prescription "Fouow-up testing" means chemical the requirements of the regulations in and over the-counter drugs). Licensee testing at unannounced intervals, durin8 this part as it determines 1re authorized policy shall also address other factors or as follow up to treatment, to ensure by law and will not endanger life or that could affect fitness for duty such as that an employee is raaintaining property or the common defense and mental stress, fatigue and illness.

abstinence from the previously Written policy documents shall be in identiSed abuae of drugs-security and are otherwise in the public interest. sufficient detail to provide affected "For-cause testing" means chemical testing at the request of a supervisor, or individuals with information on what is 9 26.7 Information collection expected of them, and what other responsible management official, reqWements@B appmal consequences may result from lack of based upon reasonable suspicion that a The Nuclear Regulatory Commission adherence to the policy.

person is impaired or may have used has submitted the information couection drugs. (b) A description of programs which requirements contained in this part of are available to personnel desiring

" Illegal drugs" means a controlled the Office of Management and Budget assistance in dealing with drug or other substance included in Schedule I or II of (OMB) for approval as required by the problems that could adversely affect the the Controlled substances Act, as Paperwork Reduction Act of1980(44 performance of activities within the amended. 21 U.S.C. 801, et seq. De term U.S.C. 3501 et seq.). OMB has approved scope of this part.

" illegal drugs"does not mean the use of the information collection requirements a controlled substance pursuant to a contained in this part under control (c) Procedures to be utilized in testing valid prescription or other uses for drugs, including procedures for number 8 authorised by law. protecting the employee and the (b) The approved information

" Impairment "means deficient o, collection requirements contained in this integrity of the specimen, and the quality controls used to ensure the test diminishing on-the-job performance part appear in i126s20,2621,26.22, 28.23,26.29,28.71,26.73, and 2&aa results are vahd and attributable to the resulting from physical or psychological correct individual.

stressors, that may include abuse of drugs or other substances. General Performance Objectives (d) A description ofimmediate and

" Initial screening test" means an $ 26.10 General performance objectives, follow-on actions which will be taken.

immunossay screen to eliminate and the procedures to be utilized,in Fitness-for-duty programs shath those cases where employees or

" negative" urine specimens from further (a) Provide reasonable assurance that consideration. contractors assigned to duties within the nuclear power plant personnel are not scope of this part are determined to

" Protected area" has the same under the influence of any substance. have been involved in the use, sale, or meaning as in 173 2(g) of this chapter, legal or illegal, or mentally or physicaUy possession of illegal drugs.

an area encompassed by physical impaired from any cause, which in any barriers and to which access is way adversely affects their ability to $ 26.21 Policy communications and controlled. safely and competently perform their awareness training "Randoes test" means a system of duties: (a) Persons assigned to activities unannounced drug testing imposed in a (b) Provide reasonable measures for within the scope of this part shall be statistically random manner to a group the early detection of persons who are provided with appropriate training to '

so that au persons within thet group not fit to perform activities within the , ensure they understand-have an equal probability of selection. scope of this part; and l (1) Licensee policy and procedures. l

" Suitable inquiry" means verification (c) Have a goal of achieving a drug- including the methods that will be used I of employment history for a minimum of free workplace and a workplace free of to implement the policy:

the past five years, obtained through i the effects of such substances. (2) The personal and public health and '

contacts with previous employers to Program Elements and Procedures safety hazards associated with abuse of determine if a person was,in the past, drugs; tested positive for illegal drugs, subject $ 26.20 Written policy and procedures. (3)The effect of prescription and over-to a plan for treating drug abuse. Each license subject to this part shall the-counter drugs and dietary conditions removed from, or made ineligible for establish and Implement written policies on drug test results, and the role of the activities within the scope of 10 CFR ,

Part 28, or denied unescorted access at

,,_ Medical Review Officer: l

' iEditonal Note:Contrd numi,er will appear in (4) Employee assistance programs I any other nuclear power plant or other nnai resulataq provided by the licensee; and

l i I Fed:r:1 Rigister / Vol. 53 No.184 / Thursday, Septemb1r 22,1988 / Pr2 posed Rules 36825 (5) What is expected of them and licensee's fitness for-duty policy, or discretion, may implement programs what consequences may result from lack maintaining and adhereing to an with more stringent standards (e.g.

of adherence to the policy effective fitness-for-duty program which lower cuto(flevels). Management (b) Infllal training must be completed meets the standards of this part; and actions with respect to persons who fail prior to assigment to activities within (b) personnel having been denied . a more stdngent standard, but do not .

the scope of this part. Refresher training access or removed from nuclear safety test positive under the IUIS Guidelinee must be completed on an annual basis, activities at any nuclear power plant for incorporated in this rule, would also be j or more frequently where the need is violations of fitness for-duty policy will at the discretion of the licensee, indicated. A record of the training shall not be assigned to contracted work be retained for a period of at least three without the knowledge and consent of (c) Licensees shall test for all five years., drugs or classes of drugs described in -

the licensee.

paragraph 2.1(a) (1) and (2) of the HliS 9 26.22 Training of supervisors and f 26.24 chemical testing. Guidelines. In addition 1icensees sha!!

escorts. (a) To provide a means to deter and consult with locallaw enforcement l (a) Managers and supervisors of detect drug abuse, the licensee shall authorities and drug counseling services activities within the scope of this part implement the following chemical to determine whether other drugs are shall be provided appropriate traming to testing programs for persons subject to being used in the geographical locale of ensure they understand- this part: the facility and the local workforce.

(1) Their role and responsibilities in (1) Testing immediately before the Where appropriate, other drugs so ,

implementing the program; initial granting of unescorted access to identified must be added to the list of (2) The roles and responsibilities of protected areas or assignment to dmgs being tested. Conservative cutoff others, such as the personnel, medical, activities within the scope of this part. limits must be established by the and Employee Assistance Program (2) Unannounced tests imposed in a licensee for these drugs.

j (EAp) staffs: random manner.The tests must be (d) Licensees may conduct (3) Techniques for recognizing dmgs administered so that a person preliminary tests of an aliquot prior to t and indications of the use, sale, or completina a test is immedia tely eligible forwarding selected specimens to a possession of drugs: for another unannounced test. contract laboratory meeting the (4) Behavioral observation techniques (i) Alternative A: The tests must be requirements of paragraph (e) of this for detecting degradation in conducted in a manner that assures that section, provided the licensee's staff performance, impairment, or changes in at least 90 percent of the individuals possesses the necessary training and employee behavior (in the case of within the scope of the rule are tested skills for the tasks assigned, their escorts, the behavioral observation each year, that testing is performed qualifications are documented, and techniques shall cover detection of throughout the year and that testing adequate quality controls are impairment); and rates for individuals already tested with implemented. Quality control (5) Procedures for initiating negative results not be lower than 30 procedures for preliminary tests sha!!

appropriate corrective action, to include percent per year (2% percent per month) include the processing of blind referral of employees for counseling or for the remainder of the testing year. performance test specimens and the treatment (in the case of escorts, this .(11) Alternative B: The tests must be submission to the contract labore4 sty of shall cover reporting to appropriate administered throughout the year at an a sampling of specimens initially tested management), annual rate equivalent to 300 percent of as negative.

(b) Persons assigned to escort duties the population subject to such testing. (e) Quality controls and procedures sha!! be provided appropriate training to (3) Testing for.cause, i.e., immedia tel." for contract laboratories aball be ensure they understand the matters following any observed behavior consistent with the filiS standards for <

contained in l 26.22(a)(3), (4), and (5). Indicating possible drug abuse; after " Certification of Laboratories Engaged l (c) Initial training must be completed accidents involving a failure in in Urine Drug Testing for Federal , i prior to assignment of duties within the individual performance resulting in Agenices." {these guidelines am

• I scope of this part and within 3 months of personal injury, in a radiation exposure available for review at the Public initial supervisory assignment, as or release of radioactivity in excess of Document Room 2120 L St., NW., ,

applicable. Refresher training must be regulatory limits, or actual or potential Washington, DC 20555, and will be completed on an annual basis, or more substantial degradations of the level of published with the final regulations).

frequently where the need is indicated. safety of the plant or after receiving Contract laboratories shall conduct A record of the training shall be retained credible information that an individual initial screening tests and confirmatory for a period of at least three years. is abusing drugs. tests on all specimens forwarded for 626.23 Contractors, (4) Follow.up testing on a random testing. Ucensees shallsubmit blind basis to verify continued abstention performance test specimens to contract All contractor personnel performing from the use of drugs. laboratories in accordance with activities within the scope of this part (b) Testing for dmgs shall, at a paragraph 2.5(d) (2) and (3) of the 101S for a licensee must be subject to either minimum, conform to the " Mandatory s Guidelines.

the licensee's program relating to fitness Guidelines for Federal Workplace Drug for duty, or to a program, formally Testing Programs" issued by the 926.25 Employee Assistanca Programs reviewed and approved by the licensee, Alcohol Drug Abuse,and Mentalliealth M which meets the standards of this part. Administration of the Department of Each licensee subject to this part shall Written agreements between licensees maintain an Employee Assistance Ifealth and Fluman Services [these and contractors for activities within the guidelines are available for review at Program to strengthen fitness.for.dary scope of this part shall be retained for the Public Document Room,2120 L St. programs by offerins esessment, short-the life of the contract and will clearly NW., Washington, DC 20555 and will be term counseling, wrerral services, and show that- published with the final regulations), treatment monitoring to employees with the(a) The contractor is responsible to hereinafter referred to as the IUIS problems that could adversely affect the licensee for adhereing to the Guidelines. Licensees, at their performance of activities within the

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36826 Federal Register / Vol. 53, No.184 / Thursday, September 22, 1988 / Proposed Rules l

scope of this part. EAPs should be appropriate must be initiated as designed to achieve early intervention any instance of this occurrence, the appropriate, during such suspension appropriate Regional Administrator and provide for confidential assistance - period. Satisfactory management and (except where safety considerations shall be notified immediately by medical assurance of the individual's telephone. During other than normal must prevail). EAP staff shallinform fitness to adequately perform activities licensee management when a working hours, the NRC Operations within the scope of this part shall be Center shall be notified.

determination has been made that a obtained before permitting the self. referring individual's condition 128.2s Appeals.

individual to be returned to these constitutes a hazard to himself or herself activities. Any subsequent confirmed Each licensee subject to this part shall or others.

positive test shall result in removal from establish a procedure for employees and

$ 26.27 leanagement acUons aM unescorted access to protected areas contractor / vendor employees to appeal sanctions to t>e imposed, and activities within the scope of this fitness for di ty determmations that (a) Prior to the initial ti f part for a minimum of three years from could have an adverse effect on the )

unescorted access to a protec ed area or the date of removal. Individual's employment. The procedure the assignment to activities within the (2) Any individual determined to have must provide notice and an opportunity scope of this part to any person, the been involved in the sale, use, or to respond and be consonant with

', j licensee shau obtain a written statement possession ofillegal drugs while within fundamental principles of due process. j

! rom f the individual as to whether a protected area of any nuclear power Where applicable, grievance review  ;

activities within the scope of this part plant shall be removed from activities within the scope of this Part.The grocedures contained in collective argaining agreements covering the j

were ever denied the individual and individual may not be granted bargaining unit of which the employee is -3 shall complete a suitable inquiry to V determine if that person was,in the unescorted access to protected areas or a member will normailly meet this past, tested positive for illegal drugs, assigned to activities within the scope of requirement. ;nd they may be used for subject to a plan for treating drug abuse, this part for a minimum of five years this purpose whether or not the

~ or removed from activities within the from the date of removal. administrative action taken is a scope of this part, or denied unescorted (3) Persons removed for periods of grievable action under the contract.

access at any other nuclear power plant three years or more under the provisions In accordance with a fitness.for. duty of the above paragraphs for the illegal $ 26.29 Protection of information.

I policy. If such a record is established. sale, use or possession of drugs and who (a) Each licensee subject to this part, the new assignment to activities within would have been removed under the who collects personal information on an ,

the scope of this part or granting of current standards of a hiring licensee, p rpos c lying

• emh;ee,pfo ,,

unescorted access must be based upon a may be granted. unescorted access and management and medical determination assigned duties within the scope of this maintain a system of files and

. of fitness for duty and the establishment part by a licensee subject to this Part procedures for the protection of the of an appropriate follow.up testing only when the hiring licensee receives personalinfonnation. Such system shall program provided the restrictions of satisfactory medical assurance that the be maintained until the Commission paragraph (b) of this section is observed. Person has abstained from drugs for at terminates each license for which the To meet this requirement, the identity of least three years. Satisfactory system was developed.

persons denied unescorted access or management and medical assurance of (b) The licensee shall not disclose the removed under the provisions of this the individual's fitness to adequately personalinformation collected and

part and the circumstances for such maintained to persons other than l

perform activities within the scope of

~ denial or removal, including test results, this part shall be dtained before assigned medical review officials, other will be made available in response to an permitting the individual to peform licensees legitimately seeking the 4 Ingrdry by any company or its activities within the scope of this part. information as required by this part for

)

, contractor falling under the scope of this Any person granted unescorted access empioyment decisions and who have i

part. Failure to list all previous or whose access is reinstated under obtained a release from current or  ;

employers and reasons for removal or these provisions, shall be given prospective employees or contractor l

1 revocation of unescorted access shall be unannounced follow-up tests at least personnel, NRC representatives, cause for denial of unescorted access. once every three months for three years appropriate law enforcement officials, (b) Each licensee subject to this part after reemployment to verify continued the subject individual or his or her shall, as a minimum, take the following - abstinence from drugs. Any confirmed representati. e, or to those licensee actions. Nothing herein shall prohibit use of drugs through this process or any personnel who have a need to have the licensee from taking more stringent other determination of subsequent access to the information in performm, g action. .- involvement in the sale, use or assigned duties.

(1)l.acking an

. Indicate the use,y other evidence . possession ofillegal drugs shall result in Inspections, Records and Reports sale, or possession of to permanent denial of unescorted access. I illegal drugs onsite, a confirmed positive (c) Refusal to provide a specimen for i26 R inspecuons.

test result shall be presumed to be an testing and resignation prior to removal indication of offsite drug use.The first (a) Each licensee subject to this part for violation of company policy shall permit duly authorized confirmed positive test shall, as a concerning drugs shall be recorded as a representatives of the Commission to minimum, result in immediate removal removal for cause. Such records shall be inspect its records, premises, activities, from activities within the scope of this retained for the purpose of meeting the and personnel as may be necessary to part for at least 14 days and referr~al to requirements of $ 26.27(a), accomplish the purposes of this part.

the EAP for assessment and counseling (d)If a license has reasonable belief (b) Written agreements between durir g any suspension period. plans for that an NRC employee may be under the' licensees and their contractors will treatment, follow up, and future influence of any substance, or otherwise clearly show that the-employment, shall be developed, and unfit for duty, the licensee may not deny (1) Licensee is responsible to the any rehabilitation program deemed access but may escort the individual. In Commission for maintaining an effective

1 .

l F:d:r:1 Register / Vol. 53, No.184 / Thundry, September 22, 1980 / Proposed Rules l5 .96827 l -

fitness-for duty program in accordance Washington. DC 20555. The licensee with this part; and (3) Any rule, regulation, or order shall also submit one copy to the issued under these sections, or under (2) NRC may inspect, copy, or take appropriate NRC Regional Office. l away copies of any licensee or section161 of the Act:  ;

Written reports shall not include the (4) Any term. condition, or limitation '

contractor documents, records, and namea of the individuals. '

l reports related to implementation of the of any license issued under these I (b) Fitness for duty events shall be sections; or licensee's or contractor's fitness for-duty reported under this section rather than program under the scope of the (5) Any provisions for which a license I

reported under the provisions of I 73.71. may be revsked under section 186 of the a

contracted activities.

Audits Atomic Enugy Act of1954.

I 26.71 Recordkeeping requirements- (c) Any person who willfully violates Each licensee subject to this part I 68 Au {

any provision of the Atomic Energy Act shall- (a) Each licensee subject to this part of 1954, as amended. or any regulation (a) Retain records of inquiries shall cause tho fitness-for-duty program or order lasued under the requirements j

conducted in accordance with 6 28.27(a), to be audited at least once every 13 of the Act, include regulations under this that result in the granting of unescorted months. In addition, audits shall be part may be guilty of a crime and, upon access to protected areas, until three conducted, at least once every 13 conviction, may be punished by fine or j

years following termination of such maths of those portins oMtness4or- imprisement or both, as provided by access authorizations; duty programs implemented by law.

(b) Retain records of confirmed cetractors. Licensees may accept positive test results which are concurred audits of contractors conducted by other of Dated at Rockville. Maryland, this 15th day September.1988.

in by the Medical Review Officer, and Ii s and n dn r the subsequent personnel actions for a co ct9 fg, he p riod o t eA For the Nuclear Regulatory Commission.

period of at least three years; and copy of the audit report, to include samueym f ndings, recommendations and Seway of the Commission.

, (c) Retam records of persons made meligible for three years or longer for corrective action must be provided to [ Editorial note: This appendix will not assignment to activities within the scope each sharin8 utility and made available appear in the Code of Federal Regulations]

of this part under the provisions of n site for NRC inspection. Licensees Appendix to the Document -

l 26.27(b)(1). (2). (3) or (c). until the

M*P Commission terminates each license ee enes ntract programs Fitness-for-Duty Program Elements Not under which the records were created. and the impl ementation of appropriate Includedin the Proposed 10 CFR Part 26 (d) Collect and compile fitness-for- corrective action.

The Commission has decided not to duty program performance data as (b) Audits shall focus on the include several matters in the proposed described in NRC Form 1The effectiveness of the program and be fitness-fot-duty rule, but seeks data shall be analyzed and appropriate conducted by individuals qualified in the subject (s) being audited, and comments as to whether these matters actions taken to correct program should be added to the rule or included weaknesses. Such data and analysis independent of both program as recommendations in implementing shall be retained for three years and management and personnel directly guidance.

made available for inspection by the responsible forimplementation of the

1. Expend the scope of the rule to NRC. fitness-for-dut ram.

. include other activities directly related (c) The resu e audit, along with j 26.73 Reporting requirements. recommendations,if any, shall be to nuclear safety by licensee and (a)(1) Each licensee subject to this contractor personnel. This could include documented and reported to senior part shallinform the Commission of corporate and site management.The engineering and quality assurance significant fitness-for-duty events resolution of the audit findings and activities performed outside a protected including: area and activities performed by corrective actions shall be documented.

(il Sale, use, or possession of illegal escorted licensee or contractor These documents shall be retained for drugs within the protected area and, three years and made available for NRC personnel within a protected area (111 Any acts involving the illegal sale, inspection. which,if not properly performed could use or possession of a controlled contribute to facility conditions adverse substance by any person licensed under Enforcement to public or worker safety. ..

10 CFR Part 55 to operate a power 9 26.90 Violations. 2. Require that licensees take specific reactor or by any supervisory personnel measures to deler onsite sale, (a) An injunction or other court order assigned to perform duties within the possession, or use of alcohol and drugs may be obtained to prohibit a violation and to achieve early detection should scope of this part.This includes the of any provision of-results of confirmed positive tests on these problems exist. These measures (1) The Atomic Energy Act of 1954. as such persons. could include:

amended:

(2) Such notifications shall be made to (2) Title II of the Energy (a) Searches of the workplace. which the NRC Operations Center by Reorgamzation Act of1974; of would be unannounced and random, telephone within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of the (3) Any regulation or order issued discovery of the event. under these Acts. deter e ether t er is an xisting (3) Written reports documenting such (b) A court order may be obtained for r potential problem, notifications and specifying actions the payment of a civil penalty imposed (c) A mechanism for discreet taken shall be submitted within 30 days under section 234 of the Atomic Energy expressions of concern regarding the to the U.S. Nuclear Regulatory Act of 1954, for violations of- condition of an employees' fitness for Commission. Document Control Desk, (1) Section 53,57,62,63.81,82.101, duty in a manner that can facilitate 103,104,107, or 109 of the Act: unrestricted flow ofinformation and

• [Edilonal notr NRC Form nurnber will be (2) Section 200 of the Energy (d)Information collection from law pubbshed in the nnel resulauon) Reorganization Act of1974: enforcement authorities and drug

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, _38828 Federal Regist:r / V:1. 53, No.184 / Thursday, Septemb:r 22, 1988 / Proposed Ru hs' counseling services concerning drug __

activity in the local community.

r 3.The NRC developed a list of data that. appear to be appropriate based upon informed reviews by appropriate professionals in other organizations. To ensure consistency of data and to.

facilitate analysis, the draft form below could be utilized. The Commission seeks specific comments as to whether the data listed form a relevant basis for the L

evaluation of program performance, and whether there are any other data which would be important in this regard. -

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Fed:r:1 Regist:r / Vcl. 53, No.184 / Thursd:y, Septemb:r 22,'1988 / Propos:d Rul;s 36829 FITNESS-FOR-DUTY PROGRAM PERFORMANCE DATA'. '. .' , . . '.',.I. ):i_-

Site: Period: Jan-Jun 19 Jul-Dec 19_ ~ ,

Contact Name: Docket i's Telephone Number: ( ) ,

f Avg i of Employees:

Avg i of " Permanent" Contractor Employees: ' '

(Contractor onsite 6 months or longer)

Avg # of Other Contractors:

I. TESTING Employees Contractors Action Taken:

( # POS) -_( # POS) Term Rehab _ Pend A. Reemployment /Prebadging ( ) ( )

B. Unannounced Periodic ( ) ( )

C. Unannounced Random ( ) ()

D. For Cause (Incl Post-Accident) () ( )

E. Followup (Verify Abstention) () ( )

F.Other(Describe: ) ( ) ( )-

G.DrugsIdentified(f):

Marijuana Amphetamines Opiates Others Cocaine - Phencyclidine Alcohol (Describe)

II. PROACTIVE EFFORTS Total # Subjects Action Taken:

1. , Man-Hrs ID'd Term Rehab Pend A. Searches of Workplace -

B. Searches of Personal Vehicles C. Searches Using Dog _~

D. Investigations by Licensee / Contractor _ _ _ _

E. Investigations / Arrests by Law Enforcement XX F. f ID'd by Supervisor 7% XX G. f ID'd thru Allegs, to Employer H XX H. f ID'd thru Allegs to others ~

XX XX (NRC, I. Other Law Enforcement, (Describe: etc.) )XXH Data should reflect only those persons confinned to be using, possessing, or selling drugs. " Term"meansterminated,"Rehab"meansrehabilitated(orcounseled) 6nd returned to d'aty, " Pend" means final disposition is pending.

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- ,l 36830 3 Federal Register / Vol. 53 No.184 / Thursday, September 22,1988 / Proposed Rules "

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III. EAP PROGRAM USE (REFERRAL SOURCE) -

Disposition Dropped Employees _ Contractors Rehab Program Term Pend A. Self j B. Family C. Friends / Coworkers _

D. Ursion _

E. Supervisors _

F. Other(Describe: ,_

)

/

% CAUSE OF BEHAVIORAL PROBLEM (REASON FOR REFERRAL) _

1 Empicyees Contractors A. Mental /Emotf ortal B. Family / Relationship C. Jcb Related __

D. Medical E. Legal _

F. Financial G. Alechol _

H. Drugs I. Other (Describe:

)

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SUMMARY

DESCRIPTION OF LESSONS LEARNED:

1 Briefly describe any program changes since last report; incluce additional drugs tested per 10 CFR 26.24(c)(2)(iv); describe any cutoff levels lower than in l HHS Guidelines. ,. (

[FR Doc. 88-21415 Filed S-21-ee: 8 45 em]

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. I l i March 8, 1989 f The Honorable J. Dennis Hastert Member, United States House of Representatives 100 Lafayette Street Ottawa, Illinois 61350

Dear Congressman Hastert:

I am responding to your letter of February 13, 1989, forwarding the concern of your constituent, Mr. Brian Walsh, that his employment at the LaSalle County Nuclear Station was terminated by the Morrison Construction Company because of alleged alcohol and/or drug use.

Because of Nuclear Regulatory Commission (NRC) and utility concerns with the fitness of employees while on duty, many of the nuclear power utilities in the United States have initiated " fitness for duty" programs for their employees.

These fitness for duty programs usually include random testing, "for cause" ,

testing, or elemen , of both, and the utilities establish criteria for taking The  !

employment actions against individuals for fitness for duty concerns.

NRC has a Policy Statement supporting those programs, but does not currently regulate the fitness for duty programs. The NRC is in the process of promulgating regulations in this area. I have enclosed a copy of our Policy Statement and proposed rule for your information.

We reviewed our files and have not receivc an allegation associated with -

Mr. Walsh at the LaSalle County Nuclear Stution. Since we do not have any information on file about Mr. Walsh at the LaSalle County Nuclear Station, we must conclude the allegation, described by Mr. Walsh, was received either by his employer, Morrison Construction Company, or by the Commonwealth Edison Company, the operator of the LaSalle County Nuclear Station. This matter between Mr. Walsh and his former employer may be properly addressed through Mr. Walsh's labor union or his attorney.

I hope the above information is helpful to you. We would be pleased to respond to any questions you may have.

Sincerely, Original signed by Victor SteUO,1./ .

Victor Stello, Jr.

Executive Director for Operations

Enclosures:

As stated

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bec w/o enclosure:

ED0-0004269 EDO r/f GPA/CA ..

'A. B.. Davis, Rill C.'H. Weil, RIII SECY 89 0126 Murley, NRR 3

i OFC  : RIII  : RIII :E :0C  :  :

NAME : Weil/cg  : B D avis :VS  :

f 'llo D ATE- :3/1/89 :3/1/89 :3///; /89 :3/b/89  :  :

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