ML24268A015
| ML24268A015 | |
| Person / Time | |
|---|---|
| Issue date: | 09/24/2024 |
| From: | Brian Zaleski NRC/NSIR/DPCP/AAFPB |
| To: | |
| References | |
| Download: ML24268A015 (1) | |
Text
Overview of U.S. NRC Fitness For Duty Program (10 CFR Part 26)
September 24, 2024 Division of Physical and Cyber Security Policy Office of Nuclear Security and Incident Response
Discussion Topics Slide 2 10 CFR Part 26 Fitness For Duty (FFD) Program Background FFD Performance and Trends
U.S. Federal Drug Testing History 1971, President Nixon established drug testing of U.S. soldiers returning from Vietnam. Because of high positive rates, the U.S. Department of Defense established random testing in 1974.
1986, President Reagan signed Executive Order 12564, Drug-Free Federal Workplace (established drug testing of Federal employees) 1989, NRC established 10 CFR Part 26 to drug and alcohol test workers at commercial nuclear power plants 1989-1991, U.S. Department of Transportation established drug and alcohol testing of workers in aviation, trucking, public transit, and maritime industries Slide 3
NRC Rulemaking History, 10 CFR Part 26 1989 - established Part 26 to drug and alcohol test workers at commercial nuclear power plants licensed under 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities (54 FR 24468) 1993 - applied Part 26 to workers at Category I special nuclear material facilities licensed under 10 CFR Part 70, Domestic Licensing of Special Nuclear Material (58 FR 31467) 2008 - significantly enhanced Part 26 in a variety of areas (73 FR 16966):
o Updated testing technologies, drug testing panel, and methods to identify cheating o
Created a fatigue management program (work hour controls) o Incorporated enhancements from security orders issued in response to the terrorist attacks on September 11, 2001 o
Created optional/more flexible FFD program during reactor construction o
Applied Part 26 to commercial nuclear power plants licensed under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.
2022 - targeted enhancements to drug testing capabilities, testing panel, and methods to identify cheating attempts (87 FR 71422)
Slide 4
Part 26 FFD Program Fundamentals
Policies and procedures
Training
Granting and maintaining authorization
Collecting and testing specimens for drugs and alcohol
Trained professionals review specimen test results and evaluate worker fitness
Behavioral observation program to identify possible worker impairment
Management actions to address possible impairment
Sanctions for violations
Recordkeeping, reporting, and information protection
Periodic audits and corrective actions Provide reasonable assurance that covered workers are
- not impaired from any cause (e.g., substance use, fatigue, mental/physical health)
- trustworthy and reliable as demonstrated by avoidance of substance abuse so that each worker can safely and competently perform assigned duties and be afforded unescorted access to the protected areas of nuclear power plants, sensitive information, or strategic special nuclear material Provide defense in depth through the application of FFD program elements:
Fitness for Duty A Strategy of Defense in Depth Slide 6 Fit Reliable Trustworthy Workers Behavioral Observation Access Authorization Drug and Alcohol Testing Fatigue Management
When is Part 26 Drug & Alcohol Testing Performed?
Pre-access: to grant initial, updated, or reinstated authorization Random: 50% annual drug and alcohol testing rate (statistically random, and unannounced, equal probability of selection and testing)
For cause: workers behavior/physical condition indicates possible impairment, or credible information on substance abuse Post-event: following human error resulting in significant illness or injury, radiation exposure or release, or degradation in plant safety Followup: verify continued abstinence from substance abuse Slide 7
How Does NRC Evaluate FFD Performance?
Collect, assess, and trend site-specific data reported to the NRC by licensees:
- Annual FFD program testing data (10 CFR 26.717) hour and 30-day event reports (10 CFR 26.719)
Inspect each sites FFD program (every 3 years)
Engage with Federal agency testing partners
- U.S. Health and Human Services
- U.S. Department of Transportation
- U.S. Department of Defense Engage with industry stakeholders (e.g., answer licensee questions; present information, trending, and operating experience at conferences)
Slide 8
FFD Performance and Trends Slide 9
FFD Program Performance Results by Test and Employment Categories, 2023 Slide 10 Test Category Tested Positive Percent Positive Pre-Access 58,948 783 1.33%
Random 41,697 198 0.47%
For Cause 223 28 12.56%
Post-Event 230 0.00%
Followup 5,887 71 1.21%
Total 106,985 1,080 1.01%
Tested Positive Percent Positive Tested Positive Percent Positive Tested Positive Percent Positive Pre-Access 9,392 91 0.97%
49,556 692 1.40%
58,948 783 1.33%
72.5%
Random 27,960 87 0.31%
13,737 111 0.81%
41,697 198 0.47%
18.3%
For Cause 100 12 12.00%
123 16 13.01%
223 28 12.56%
2.6%
Post-Event 104 0.00%
126 0.00%
230 0.00%
0.0%
Followup 3,170 17 0.54%
2,717 54 1.99%
5,887 71 1.21%
6.6%
Total 40,726 207 0.51%
66,259 873 1.32%
106,985 1,080 1.01%
100.0%
Test Category Licensee Employees Contractor/Vendors (C/Vs)
Total
% of Total Positives
Detection Trends - NRC Testing Panel Percentage of Total Positives by Substance Tested Slide 11
Results by Employment Category, 2023 Slide 12 Licensee Employees (40,726 tested, 207 individuals positive)
Contractor/Vendors (66,259 tested, 873 individuals positive)
Marijuana 53.0%
Alcohol 11.3%
Cocaine 7.0%
Refusal to Test 20.3%
Amphetamines 6.2%
Opioids 2.2%
n = 924 Marijuana 43.0%
Alcohol 25.2%
Cocaine 9.3%
Refusal to Test 9.8%
Amphetamines 11.7%
Opioids 0.9%
n = 214
Pre-Access and Random Positive Rates - Marijuana Slide 13 Pre-Access Random 0.0%
0.1%
0.2%
0.3%
0.4%
0.5%
0.6%
0.7%
0.8%
0.9%
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Positive Rate Year Marijuana Positive Rates - Contractor/Vendors Pre-Access Random 0.0%
0.1%
0.2%
0.3%
0.4%
0.5%
0.6%
0.7%
0.8%
0.9%
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Positive Rate Year Marijuana Positive Rates - Licensee Employees
Alcohol Positive Results, 2023 Effectiveness of Lower Cutoff Levels Slide 14 42% of alcohol positives due to time-dependent cutoff levels (BAC < 0.04)
Must abstain from alcohol use at least 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> prior to arrival for work - 10 CFR 26.27(b)(4) 0.04 or greater 92 0.03 and in work status at least 1 hr 37 0.02 and in work status at least 2 hrs 29 n = 158 44 26 11 11 15 17 5
11 12 2
4 0
10 20 30 40 50 60 70 80 Pre-Access Random For Cause Post-Event Followup 0.04 or greater 0.03 and in work status at least 1 hr 0.02 and in work status at least 2 hrs n = 158
Subversion Attempt Trends (2018-2023)
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) 2018 2019 2020 2021 2022 2023 Number of Subversion Attempts 298 307 288 272 268 289 Percentage of Drug Testing Violations 31.0%
34.5%
34.3%
29.3%
29.7%
30.9%
Identified at Pre-access Testing 77.5%
73.3%
74.7%
72.4%
79.1%
80.3%
Committed by Contractor/Vendors 95.6%
97.4%
96.2%
94.5%
93.3%
90.7%
Percentage of Sites Reporting At Least One Subversion 70%
61%
70%
70%
74%
78%
- Draft data (2023 reporting cycle closed on February 29, 2024)
Subversion attempt sanction:
Permanent denial unescorted access, 10 CFR 26.75(b)
Slide 15
Results by Labor Category, 2023 Slide 16 0%
20%
40%
60%
80%
100%
SSNM Transporter QA/QC Maintenance (craft)
FFD Program Personnel Licensed Operator Non-Licensed Operator Supervisor Engineering HP/RP Other Maintenance (safety-significant)
Security Facility Support Maintenance (general facility) 1 4
3 11 19 17 22 52 94 359 5
3 8
10 6
7 3
8 19 89 1
3 4
1 11 12 6
33 138 1
1 2
2 2
4 5
16 49 2
1 1
4 3
6 5
10 53 1
8 13 Marijuana Alcohol Refusal to Test Amphetamines Cocaine Opioids Other PCP
FFD Program Resources 10 CFR Part 26,Fitness for Duty Programs (https://www.ecfr.gov/current/title-10/chapter-I/part-26)
Regulatory Guide 5.89, Fitness-For-Duty Programs For Commercial Power Reactor and Category I Special Nuclear Material Licensees (ML20143A034)
Inspection Procedure 71130.08, Fitness-For-Duty Program (ML23258A078)
NUREG-0800 Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants, LWR Edition, Conduct of Operations o
13.7 Fitness For Duty Introduction (ML15111A091) o 13.7.1 Fitness for Duty - Operational Program (ML15111A036) o 13.7.2 Fitness for Duty - Construction (ML15111A034)
Slide 17
FFD Program Contact Slide 18 Brian Zaleski Specialist - Fitness For Duty / Access Authorization Brian.Zaleski@NRC.gov (301) 287-0638
Slide 19 Questions?