View source for GO2-90-181, Comment Opposing Proposed Rule 10CFR26 Re fitness-for-duty. Rev Would Restrict Licensee from Taking Appropriate Action on Preliminary Positive Test

{{Adams
| number = ML20062D804
| issue date = 10/30/1990
| title = Comment Opposing Proposed Rule 10CFR26 Re fitness-for-duty. Rev Would Restrict Licensee from Taking Appropriate Action on Preliminary Positive Test
| author name = Sorensen G
| author affiliation = WASHINGTON PUBLIC POWER SUPPLY SYSTEM
| addressee name = Chilk S
| addressee affiliation = NRC OFFICE OF THE SECRETARY (SECY)
| docket = 05000397
| license number = 
| contact person = 
| case reference number = FRN-55FR35648, RULE-PR-26
| document report number = 55FR35648-00025, 55FR35648-25, GO2-90-181, NUDOCS 9011190022
| document type = LEGAL TRANSCRIPTS &amp; ORDERS &amp; PLEADINGS, PUBLIC COMMENTS ON PROPOSED RULES &amp; PETITIONS FOR
| page count = 2
}}

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October 30, 1990                                                                       ""%                    :
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G02-90-181
:                                                                                                                        1 r
Mr. S. J. Chilk, Secretary                                                                                    i U. S. Nuclear Regulatory Commission                                                                           !
Washington, D. C.        20555                                                                                i Attn: Docketing and Services Branch                                                                           !
t

==Dear Mr. Chilk:==

I

==Subject:==
COMMENTS ON PROPOSED RULE - FITNESS FOR DUTY PROGRAMS                                                *
(55FR35648)                                                                                      i l
The Washington Public Power Supply System, an NRC Licensee, has reviewed the                                  l l            subject proposed rule change and provides the following comments for your                                     i i            consideration.                                                                                                :
The Supply System opposes the proposed revision to 10CFR26 primarily on two                                   i grounds:                                                                                                      l (1)    it unduly restricts the Licensee from taking appropriate action on a                                  !
preliminary positive test; and                                                                        ?
t (2)    by not taking action, the Licensee is at risk and may be placing the public at risk should the employee willfully or accidentally create or contribute to a plant accident.
l            Although the Supply System currently does no on-site screening of specimens,                                  I we are of the opinion that the proposed rule represents an intrusion into management's prerogative to use prudent judgement when a presumed positive                                    i is detected.                                                                                                  ,
By enacting a fitness-for-duty rule, the NRC has made a decision that public health and safety considerations outweigh the resulting encroachment on                                       i individual rights. To now approve the proposed , rule; the NRC would, in                                      ,
essence, tie the hands of NRC licensees and prevent them from taking prudent                                  i action based on a preliminary screen and reasoned judgement. In situations                                    !
such as this, the scales must tip in favor of public health ai4d' safety.                                   -
The process required to obtain a confirmed positive can consume as much as                                    i a two-week period, during which time a licensee would be required to " sit on                                 :
its hands" while it has substantive knowledge that'an employee with a drug                                    ;
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                                                                                                               ~M I!

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l                                                                                                             l l                                                                                                             1 Mr. S. J. Chilk, Secretary                                                                             {
Page Two                                                                                              j October k , 1990                                                                                       :
COMMENTS ON PROPOSED RULE - FITNESS FOR DUTY PROGRAMS                                                  :
(55FR35649)                                                                                           !
i or alcohol problem has unrestricted access to safety equipment.                  In other              ;
areas of enforcement, the NRC applies a very rigid standard of actions expected of a licensee based on what the licensee " knew or should have                                j known". It seems totally incongruous to apply a lesser standard to an issue as important as drug or alcohol use. While it is recognized that there are                            i i      some legitimate medications or foodstuffs that will account for a posi' )                              +
indication for some drugs, there are others for which no legitimate reat ;                           I exist. The licensee must be provided with the opportunity to make a reasoned                           j decision in these circumstances. Is the NRC prepared to accept the liability                           :
l       for events that may be caused by an impaired employee while the licensee                              j awaits a confirmed positive?
l We concur with the position taken by Chairman Carr that the removal of individuals from activities within the scope of Part 26 in those cases where                          ;
the individuals fitness may be questionable is not inappropriate. Such                                l actions will be taken only after careful consideration of all- potentially                            :
mitigating factors and carefully weighing the balsnce between public health                           1 and safety and individual rights.                                                                     ;
In addition, we support the coments being submitted on this issue by NUMARC and the law firm of Winston and Strawn.
We appreciate the opportunity to participate in the NRC's rulemaking process.                         I Very truly yours,
{
4,b G. C. Sorensen, Manager
* Regulatory Programs i
GCS:19 1
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