ML20246E764
| ML20246E764 | |
| Person / Time | |
|---|---|
| Issue date: | 05/08/1989 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FRN-54FR24468, REF-10CFR9.7, RULE-PR-2, RULE-PR-26 AC81-2-133, M890427B, NUDOCS 8905120013 | |
| Download: ML20246E764 (3) | |
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IN RESPONSE, PLEASE I
REFER TO:
M890427B
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UNITED STATES l
NUCLEAR REGULATORY COMMISSION g
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- j W ASHIN GTON, D.C. 20555 o;
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May 8, 1989
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OFFICE OF THE l
SECRETARY MEMORANDUM FOR:
Victor Stello, Jr., Executive Director for Operations f b5
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(l'gidamuel J.
Chilk, Secretary l
FROM:
SUBJECT:
STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 11:30 A.M.,
THURSDAY, APRIL 27, 1989, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND i
(OPEN TO PUBLIC ATTENDANCE)
I.
SECY-89-030A - Final Rulemakinc - Fitness-For-Duty Procrams.
The Commission, by a 5-0* vote approved issuance of a final Fitness-for-Duty Rule which requires licensees authorized to construct or operate nuclear power reactors to implement a fitness-for-duty program.
The program is intended to provide reasonable assurance that nuclear power plant personnel are reliable, trustworthy, and not under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause which adversely affects their ability to safely and competently perform their duties.
The rule was approved as contained in SECY-89-030A subject to deleting the modifications made by the staff to Section 2.7(g) (2) and restoring the section to the original language approved by the Commission as noted in the attached copy of page 131.
The staff modifications to Section 2.7 (g) (2) would have allowed presumptive positive results of preliminary testing to be 3
provided to the Medical Review Officer, who could then inform licensee management if he or she concluded that the individual presented a hazard to self or others.
As a safeguard for individuals undergoing random drug testing and to comply with Health and Human Services guidelines, the version approved by the Commission requires that positive results be confirmed prior to their being provided to licensee management.
Chairman Zech and Commissioner Carr, while approving the final rule, would have preferred to retain the staff proposed language in Section 2.7 (g) (2) and in addition would have lowered the cut-off level i
for marijuana screening tests to 50ng/ml.
- Section 201 of the Energy Reorganization Act, 42 USC Section 5841, provides that action of the Commission shall be determined by a ' majority vote of the members present.'
Commissioner Carr was not present when this item was affirmed.
Accordingly, the formal vote of the Commission was 4-0 in favor of the decision.
Commissioner Carr, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.
g 8905120013 890508 f7 PDR 10CFR 00
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PDC V
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The Federal Register Notice should be' modified as noted above (along~with any additional' editorial'or needed' consistency
' changes) and should be forwarded for signature and publication.
(EDO)
(SECY SUSPENSE:.
5/26/89)
Copies:
Chairman-Zech Commissioner Roberts Commissioner Carr Commissioner Rogers Commissioner Curtiss GPA PDR - Advance DCS 24 I
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l (3) The analytic procedure for confirmatory analysis of blooo-specimens voluntarily provided by individuals testing positive for alcohol on a breath l-test shall be gas chromatography analysis.
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(4) The list of substances to be tested and the cut-off levels are subject l
to change by the NRC in response to industry experience and changes to the HHS 1
i Guidelines made by the Department of Health and Human Services as advances in i
technology, additional experience, or other considerations warrant the inclusion of additional substances and other concentration levels.
J (5) Confirmatory tests for opiates shall include a test for 6-monoacetyl-
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morphine (MAM)ifthescreeningtestispresumptivepositiveformorphine.
(g)"ReportingResults."
(1) The HHS-certified laboratory shall report test results to the licensee's Medical Review Officer within 5 workinc days after receipt of the specimen by the laboratory. Before any test result is reported (the results of ir.itial tests, confirmatory tests, er quality control data), it shall bi reviewed and the test certified as an accurate report by the responsible indivioual at the laboratory. The report shall identify the substances testeo for, whether positive or negative, the cut-off(s) for each, the specimen number assigned by the licensee, and the drug testing laboratory specimen identifica-tion number. The results (positive and negative) for all specimens submitted at the same time to the laboratcry shall be reported back to the Medical Review l
Officer at the same time when possible.
l (2) The HHS-certified laboratory arc any licensee testing facility shall report as negative all specimens, except suspect specimens being analyzed under special processing, which are negative on the initial test or negative on the confirmatory test.
Specimens testing positive on the confirmatory analysis shall be reported positive for a specific substance.
Presumptive positive results of preliminary testing at the licensee's testing facility will not be reported to licensee management." " - H ":di n ! i; 5 ^ "i = r d::: r'n:
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(3) The Medical Review Officer may routinely obtain from the i
HHS-certified laboratory, and the laboratory shall provide., quantitation of test results. The Medical Review Officer may only disclose quantitation of test results for an individual to licensee management, if required in an appeals process, or to the individual under the provisions of Section 3.2.
131
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