ML21063A138

NSIR Staff Presentation to the United States Department of Health and Human Services' Drug Testing Advisory Board

ML21063A138
Person / Time
Issue date:	03/02/2021
From:	Office of Nuclear Security and Incident Response
To:
Harris P
References
Download: ML21063A138 (12)

Text

Presentation to the Drug Testing Advisory Board (HHS/SAMHSA)

NRC Update: The Program and Items of Interest 10 CFR Part 26, Fitness-for-Duty Programs A Direct Contribution to Safety and Security March 2, 2021

Disclaimer The information in this presentation is provided as a public service and solely for informational purposes and is not, nor should be deemed as, an official NRC position, opinion or guidance, or "a written interpretation by the General Counsel" under 10 CFR 26.7, on any matter to which the information may relate. The opinions, representations, positions, interpretations, guidance or recommendations which may be expressed by the NRC technical staff during this presentation or responding to an inquiry are solely the NRC technical staff's and do not necessarily represent the same for the NRC. Accordingly, the fact that the information was obtained through the NRC technical staff will not have a precedential effect in any legal or regulatory proceeding.

Slide 2

Discussion Topics

• Fitness-for-Duty (FFD) Program Objective

• Individuals covered by the FFD Program

• Assuring Safety and Security through a Defense-in-Depth Strategy

• Fitness for Duty Performance

• Items of Interest o COVID-19 Impact o Rulemaking o Small Modular Reactors o Plant Vogtle, Units 3 and 4 Slide 3

FFD Program Objective Provide reasonable assurance that nuclear power plant personnel are trustworthy, reliable, and not under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause, which in any way adversely affects their ability to safely and competently perform assigned duties or be afforded unescorted access to the protected areas of nuclear power plants, sensitive information, or strategic special nuclear material (SSNM).

An FFD program developed under 10 CFR Part 26 is intended to create an environment which is free of drugs and alcohol, and the effects of such substances.

Slide 4

Individuals Covered by the FFD Program

• Security officers

• Control room operators

• Maintenance & surveillance craft & supervisors

• Health physics, chemistry, & emergency response personnel

• Individuals who construct or direct the construction of reactor plants

• All other persons who have unescorted access to the facility

• FFD program personnel*

Fit for Duty Trustworthy Reliable

• FFD Program Personnel include the managers, technicians, collectors, Medical Review Officers, and Substance Abuse Experts who implement the program Slide Slide55

Assuring Safety and Security through a Defense-in-Depth Strategy People Education, experience, training, qualification, etc.

Drug and alcohol testing (pre-access, random, for cause, follow-up, and post-event)

Behavioral observation Fatigue management Access Requirements (e.g., background checks, fingerprinting, psychological testing)

Physical Protection (e.g., vehicle barriers, blast walls, blast resistant enclosures, etc.)

Detection (e.g., cameras, infra-red, motion, explosive vapors, x-ray, etc.)

Programs for Insider Mitigation, Cyber Protection, and Information Controls Slide 6

FFD Performance Results [DRAFT]

by Test and Employment Categories, 2020 Licensee Employees Contractor/Vendors (C/Vs) Total

% of Total Test Category Percent Percent Percent Tested Positive Tested Positive Tested Positive Positives Positive Positive Positive Pre-Access 6,663 26 0.39% 62,684 678 1.08% 69,347 704 1.02% 67.8%

Random 30,473 70 0.23% 17,888 164 0.92% 48,361 234 0.48% 22.5%

For Cause 91 7 7.69% 238 39 16.39% 329 46 13.98% 4.4%

Post-Event 82 1 1.22% 373 1 0.27% 455 2 0.44% 0.2%

Follow-up 2,433 22 0.90% 2,991 31 1.04% 5,424 53 0.98% 5.1%

Total 39,742 126 0.32% 84,174 913 1.08% 123,916 1,039 0.84% 100.0%

Where were the most tests conducted in 2020 (>90% of tests)?

Licensee Employees Contractor/Vendors Pre-Access 16.8% Pre-Access 74.5%

Random 76.7% Random 21.3%

Follow-up 6.1% Follow-up 3.6%

99.6% 99.3%

Where were most drug and alcohol testing violations identified in 2020 (>90% of positives)?

Licensee Employees Contractor/Vendors Pre-Access 20.6% Pre-Access 74.3%

Random 55.6% Random 18.0%

For Cause 5.6% For Cause 4.3%

Follow-up 17.5% 96.5%

99.2%

Slide 7

FFD Performance Results [DRAFT]

by Employment Category, 2020 Licensee Employees Contractors/Vendors (39,742 tested; 126 individuals positive) (84,174 tested; 913 individuals positive)

Refusal to Test 6.0%

Opiates 3.7% Other 0.2%

Refusal to Test Opiates 22.9%

1.1% Alcohol Alcohol 16.2%

37.3%

Marijuana 35.1% Amphetamines 9.8%

Marijuana 43.8%

Cocaine 5.9%

Amphetamines 12.7%

Cocaine 5.2% n = 967 n = 134 Slide 8

Items of Interest COVID-19 Impact Licensees continue to protect their people and facilities from COVID-19 exposure, and the public. The NRC continues to effectively monitor/inspect the operation of our Nations commercial nuclear power plants and Category I fuel cycle facilities using NRC resident inspectors and region-based specialist inspectors.

Rulemaking The NRC continues to resolve public comments concerning a NRC staff-proposed rulemaking (NRC-2009-0225; RIN 3150-AI67) to more closely align the 10 CFR Part 26 drug testing requirements with the U.S. Department of Health and Human Services 2008 Mandatory Guidelines for Federal Workplace Drug Testing. See NRC presentation to DTAB on September 1, 2020, Public ADAMS ML20247J367.

Slide 9

Items of Interest Small Modular Reactor Highlights NuScale reactor design NRC issued its Final Safety Analysis Each of the 12 reactors generates up to 60 MWe; 720 MWe total Passive reactor cooling U.S. Department of Energy is supporting the siting of this advanced reactor design at the Idaho National Laboratories Other Designs

• BWXT M-Power

• SMR-160

• Clinch River Nuclear Site

• GEH BWRX-300 Slide 10

Items of Interest Plant Vogtle 3 and 4 Highlights Westinghouse AP1000 design Approx. 1,117 MWe each Unit 3 about 94% completed Site about 88% completed Georgia Power has ordered nuclear fuel for both units NRC site and regional inspectors continue to provide regulatory oversight Slide 11

NRC Fitness-for-Duty Program Staff U.S. Nuclear Regulatory Commission Office of Nuclear Security and Incident Response Paul Harris, Senior Program Manager Paul.Harris@nrc.gov (301-287-9294)

Brian Zaleski, Fitness-for-Duty Program Specialist Brian.Zaleski@nrc.gov (301-287-0638)

Slide 12