ML21340A042
| ML21340A042 | |
| Person / Time | |
|---|---|
| Issue date: | 12/07/2021 |
| From: | Harris P NRC/NSIR/DPCP/RSB |
| To: | |
| Harris P | |
| References | |
| Download: ML21340A042 (12) | |
Text
Presentation to the U.S. Department of Health and Human Services Drug Testing Advisory Board Operating Experience and Status of Regulatory Issues 10 CFR Part 26, Fitness-for-Duty Programs A Direct Contribution to Safety and Security December 7, 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 Slide 3 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 Items of Possible Interest
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).
Slide 4 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.
FFD Program Performance, 2018-2020 Summary Results
- 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 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%
FFD Performance Results [DRAFT]
by Employment Category, 2020 Slide 6 Contractors/Vendors (84,397 tested; 918 individuals positive)
Licensee Employees (40,001 tested; 127 individuals positive)
Marijuana 34.8%
Alcohol 37.8%
Cocaine 5.2%
Refusal to Test 5.9%
Amphetamines 12.6%
Opiates 3.7%
n = 135 Marijuana 43.9%
Alcohol 16.3%
Cocaine 5.9%
Refusal to Test 22.8%
Amphetamines 9.8%
Opiates 1.1%
Other 0.2%
n = 972
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)
Slide 7 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 At Least One Subversion 53%
64%
70%
61%
72%
Rulemaking & Guidance
- Part 26, HHS Guidelines
- Part 50-52, Lessons Learned
- Part 53, Advanced Reactors Slide 8
Rulemakings & Guidance Substantive changes from the Proposed Rule o
Align drug testing panel to 2017 HHS Guidelines (adding hydrocodone, hydromorphone, oxycodone, oxymorphone) o Optional oral fluid testing for observed collection conditions Slide 9 Part 26, HHS Guidelines (RIN 3150-AI67; Docket NRC-2009-0225)
Aligns 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 The proposed Final Rule has been provided to the Commission.
Rulemakings & Guidance Part 50-52, Lessons Learned (RIN: 3150-AI66; Docket: NRC-2009-0196)
Better aligns licensing requirements of Parts 50 and 52 and 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 10
Rulemakings & Guidance Part 53, Advanced Reactors Highlights A new regulatory paradigm Risk-informed requirements
- drug/alcohol testing may not be required
- HHS-certified labs are required
- oral fluid and urine testing
- point of collection testing Objective-based requirements
- fewer prescriptive requirements
- framework conforms to other Parts Performance-based requirements
- change control process
- performance monitoring Slide 11 Technical Considerations Human performance - small staff sizes Accidents - designed mitigation Radiological consequences -
minimized
NRC Fitness-for-Duty Program Staff Slide 12 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)