ML21281A172
| ML21281A172 | |
| Person / Time | |
|---|---|
| Issue date: | 07/14/2021 |
| From: | Brian Zaleski NRC/NSIR/DPCP/RSB |
| To: | |
| Zaleski B | |
| References | |
| Download: ML21281A172 (15) | |
Text
Presentation to the Nuclear Energy Institutes Annual Access Authorization/Fitness for Duty Conference Operating Experience and Status of Regulatory Issues 10 CFR Part 26, Fitness-for-Duty Programs A Direct Contribution to Safety and Security July 14, 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
- FFD Program Performance Test Results
- Rulemakings & Guidance o Part 26, HHS Guidelines o Part 50-52, Lessons Learned o Part 53, Advanced Reactors o RROAR
- Items of Possible Interest Slide 3
FFD Program Objective Provide reasonable assurance that personnel subject to 10 CFR Part 26 (e.g., 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
FFD Program Performance, 2018-2020 Summary Results 2018 2019 2020 (draft)
Number of Facilities Reporting 71 70 69 Individuals Tested 145,797 131,417 124,398 Individuals Testing Positive* 1,187 1,085 1,045 Identified at Pre-access Testing 69.6% 67.3% 67.5%
Identified at Random Testing 17.8% 21.8% 22.7%
Industry Positive Rate, All Tests 0.81% 0.83% 0.84%
Licensee Employee (LE) 0.28% 0.26% 0.32%
Contractor/Vendors (CVs) 1.06% 1.10% 1.09%
Industry Positive Rate, Random Tests 0.37% 0.45% 0.49%
LE Positive Rate 0.17% 0.19% 0.23%
CV Positive Rate 0.68% 0.86% 0.92%
- Positive = Positive drug and alcohol tests, adulterated and substituted validity test results, and refusals to test All results in presentation are MRO verified Slide 5
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 6,736 26 0.39% 62,824 679 1.08% 69,560 705 1.01% 67.5%
Random 30,649 71 0.23% 17,961 166 0.92% 48,610 237 0.49% 22.7%
For Cause 91 7 7.69% 238 39 16.39% 329 46 13.98% 4.4%
Post-Event 84 1 1.19% 373 1 0.27% 457 2 0.44% 0.2%
Follow-up 2,441 22 0.90% 3,001 33 1.10% 5,442 55 1.01% 5.3%
Total 40,001 127 0.32% 84,397 918 1.09% 124,398 1,045 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 74.4%
Random 76.6% 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 20.5% Pre-access 74.0%
Random 55.9% Random 18.1%
For Cause 5.5% ForCause 4.2%
Follow-up 17.3% 96.3%
99.2%
Slide 6
FFD Performance Results [DRAFT]
by Employment Category, 2020 Licensee Employees Contractors/Vendors (40,001 tested; 127 individuals posi ve) (84,397 tested; 918 individuals posi ve)
Cocaine Cocaine 5.2%
Refusal to Test 5.9%
5.9%
Refusal to Test 22.8%
Alcohol 37.8%
Amphetamines Alcohol 12.6% 16.3% Amphetamines 9.8% Opiates 1.1%
Opiates 3.7% Other 0.2%
Marijuana Marijuana 34.8% 43.9%
n = 135 n = 972 Slide 7
Subversion Attempt Trends (2016-2020)
Subversion attempt: Any willful act or attempted act to cheat on a required test (e.g., refuse to provide a specimen, alter a specimen with an adulterant, provide a specimen that is not from the donors body)
Subversion attempt sanction: Permanent denial unescorted access, 10 CFR 26.75(b) 2016 2017 2018 2019 2020 (Draft)
Number of Subversion Attempts 305 305 298 307 288 Percentage of Drug Testing Violations 32.4% 31.9% 31.0% 34.5% 34.4%
Identified at Pre-access Testing 77.6% 72.1% 67.5% 77.5% 73.3%
Committed by Contractor/Vendors 98.0% 97.7% 95.6% 97.4% 96.2%
Percentage of Sites Reporting 53% 64% 70% 61% 72%
At Least One Subversion Slide 8
Rulemaking & Guidance
- Part 26, HHS Guidelines
- Part 50-52, Lessons Learned
- Part 53, Advanced Reactors
- RROAR Slide 9
Rulemakings & Guidance Part 26, HHS Guidelines (RIN 3150-AI67; Docket NRC-2009-0225)
- Aligning Part 26 drug testing requirements more closely with U.S. Department of Health and Human Services 2008 and 2017 Mandatory Guidelines for Federal Workplace Drug Testing of urine specimens
- NRC has resolved public comments received on the Proposed Rule (84 FR 48750, September 16, 2019) and is preparing the Final Rule package, which is due to the Commission in September 2021
- Substantive changes from the Proposed Rule discussed at Cumulative Effects of Regulation public meeting on April 13, 2021 (ADAMS No. ML21096A015) o Align drug testing panel to 2017 HHS Guidelines (add hydrocodone, hydromorphone, oxycodone, oxymorphone) o Optional oral fluid testing for observed collection conditions Slide 10
Rulemakings & Guidance Part 50-52, Lessons Learned (RIN: 3150-AI66; Docket: NRC-2009-0196)
Purpose:
alignment of licensing requirements of Parts 50 and 52. The Commission directed the NRC staff to also pursue rulemaking to incorporate lessons learned from recent new power reactor licensing reviews
- Regulatory Basis completed and issued
- Working to issue the proposed rule (9/22)
FFD Topics:
o Full program implementation date - initial core load o Escorting individuals o MRO review of dilutes o Clarifications Slide 11
Rulemakings & Guidance Part 53, Advanced Reactors Highlights Technical Considerations A new regulatory paradigm Transportation of advanced reactors Technology Inclusive Human performance - walk-a-way Risk-informed Design Basis Threat - designed mitigation
- consequence based
- two FFD criterion in development Radiological consequences - minimized Objective-based
- fewer prescriptive requirements
- framework conforms to other Parts Performance-based
- one new requirement being proposed Slide 12
Rulemakings & Guidance Retrospective Review of Administration Requirements (ROAR)
(Docket: NRC-2017-0214)
- Request for Comment, February 4, 2020 (85 FR 6103)
(ADAMS Accession No. ML20128J340)
- Petition for rulemaking for NRC immediate notifications (SECY-20-0109) 10 CFR 50.72
- Finalize rulemaking plan (July-November 2021) 46 of 145 comments being evaluated FFD Topics o Reporting of FFD policy violations for any supervisory personnel under 10 CFR 26.719(b)(2) and 26.417(b)(1) o May need to update RG 5.84 and NEI 06-06 Slide 13
Items of Possible Interest 2017 Federal Custody and Control Form expiring The 2020 Federal CCF must be used starting August 30, 2021 (if use 2017 Federal CCF, need to submit a memo to the HHS laboratory, see 26.153(g))
Information Collection Clearance on Part 26 (3-year extension)
Final package at OMB since March 17, 2021 (existing clearance expired April 30, 2021 - automatically extends while OMB reviews final package)
Office of Nuclear Security and Incident Response Management Changes
- Office Director, Mirela Gavrilas
- Deputy Office Director, Craig Erlanger
- Division Director, Physical, Cyber, and Security Policy, acting Sabrina Atack (Greg Bowman)
Slide 14
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 15