NRC Generic Letter 91-16, Licensed Operators' and Other Nuclear Facility Personnel Fitness for Duty

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October 3, 1991

TO: ALL HOLDERS OF OPERATING LICENSES OR CONSTRUCTION PERMITS FOR NUCLEAR POWER AND NON-POWER REACTORS AND ALL LICENSED OPERATORS AND SENIOR OPERATORS

SUBJECT: LICENSED OPERATORS' AND OTHER NUCLEAR FACILITY PERSONNEL FITNESS FOR DUTY (GENERIC LETTER 91-16)

The U. S. Nuclear Regulatory Commission (NRC) is issuing this generic letter to describe Federal legislation that may affect addressees regarding fitness-for-duty issues and to describe briefly the recent rule change to Part 2, Appendix C, "General Statement of Policy and Procedure for NRC Enforcement Actions," and Part 55, "Operators' Licenses," of Title 10 of the Code of Federal Regulations (10 CFR Part 55). Enclosure 1 is a copy of the Federal Register notice of this rule change.

On November 18, 1988, the U. S. Congress, in the Anti-Drug Abuse Act of 1988 (Public Law 100-690), established a national policy of a drug-free America by 1995. Section 5301 of the Anti-Drug Abuse Act provides that persons convicted of possession or distribution of controlled substances may be declared by a sentencing court to be ineligible for Federal benefits. A "Federal benefit" is defined in the Anti-Drug Abuse Act to include any professional or commercial license provided by an agency of the United States or with appropriated funds of the United States. Thus, all individuals who conduct licensed activities authorized by an NRC license and all licensed operators and senior operators should know that, in accordance with the Anti-Drug Abuse Act, a conviction for possession or distribution of a controlled substance may result in the loss of eligibility for an NRC license, denial or revocation of an NRC license, or removal from NRC-licensed activities.

On June 7, 1989 (54 FR 24468), the NRC issued a new 10 CFR Part 26, "Fitness-for-Duty Programs," to require each licensee authorized to construct or operate a nuclear power reactor to implement a fitness-for-duty program. A fitness-for-duty program, developed under the requirements of this rule, should create a work environment that is free of drugs, alcohol, and the effects of the use of these substances.

On July 15, 1991 (56 FR 32066), the NRC amended 10 CFR Parts 2 and 55, effective August 14, 1991, to specify that the conditions and cutoff levels established in accordance with 10 CFR Part 26 apply directly to licensed operators and senior operators at nuclear power plants and non-power reactor facilities as conditions of their licenses. These amendments did not impose the provisions of 10 CFR Part 26 upon non-power facility licensees. However, this rule change made it clear that all licensed operators and senior operators will be subject to notices of violation, civil penalties, or orders for violation of their facility licensees' fitness-for-duty requirements.Generic Letter 91-16October 3, 1991

Drug and alcohol abuse is a social, medical, and safety problem affecting every segment of our society. The NRC recognizes that such abuse may also exist among licensed operators, senior operators, and others who work at nuclear reactors. The Commission believes all facility licensees should manage licensed activities so as to provide reasonable assurance that nuclear reactor personnel will perform their tasks in a reliable and trustworthy manner, and not be under the influence of alcohol or any prescription, over-the-counter, or illegal substance that in any way affects their ability to safely and competently perform their duties.

Individuals should also know that, even if a conviction for possession or distribution of a controlled substance does not result in a declaration of ineligibility for Federal benefits by the sentencing court, the NRC may, in accordance with its independent responsibility to protect the public health and safety and the common defense and security, act on its own to deny, revoke, suspend, or modify a license or remove an individual from licensed activities, upon such conviction. NRC sanctions for licensed operators in response to positive drug tests are described in 10 CFR Parts 2 and 55.

This generic letter requires no specific action or written response. If you have any questions about the information in this letter, please call one of the technical or legal contacts listed below or the appropriate regional office.

Sincerely,

James G. Partlow, Associate Director for Projects Office of Nuclear Reactor Regulation

Enclosures:

1. Federal Register notice 10 CFR Parts 2 and 55 (copy)

2. List of Recently Issued Generic Letters

Technical Contacts: N. K. Hunemuller, NRR (10 CFR Part 55)

(301) 492-3173

L. L.Bush, Jr., NRR (10 CFR Part 26)

(301) 492-0944

Legal Contact: R. L. Fonner, OGC (301) 492-1643