View source for Information Notice 2009-28, Summary of Fitness for Duty Program Performance Reports for Calendar Year 2008

{{Adams
| number = ML092650761
| issue date = 11/24/2009
| title = Summary of Fitness for Duty Program Performance Reports for Calendar Year 2008
| author name = Dorman D, Mcginty T, Tracy G
| author affiliation = NRC/NMSS, NRC/NRO, NRC/NRR/DPR
| addressee name = 
| addressee affiliation = 
| docket = 
| license number = 
| contact person = Beaulieu, D P, NRR/DPR, 415-3243
| document report number = IN-09-028
| document type = License-Fitness for Duty (FFD) Performance Report, NRC Information Notice
| page count = 33
}}
{{#Wiki_filter:UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

OFFICE OF NEW REACTORS

WASHINGTON, DC 20555-0001 November 24, 2009 NRC INFORMATION NOTICE 2009-28: SUMMARY OF FITNESS FOR DUTY

PROGRAM PERFORMANCE REPORTS

FOR CALENDAR YEAR 2008

==ADDRESSEES==
All holders of operating licenses for nuclear power reactors issued under Title 10 of the Code of

Federal Regulations (10 CFR) Part 50, Domestic Licensing of Production and Utilization

Facilities, except those who have permanently ceased operations and have certified that fuel

has been permanently removed from the reactor vessel.

All holders of nuclear power plant construction permits and early site permits with a limited work

authorization and applicants for nuclear power plant construction permits that have a limited

work authorization under the provisions of 10 CFR Part 50, Domestic Licensing of Production

and Utilization Facilities.

All holders of a combined license for a nuclear power plant issued under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants, and applicants for a

combined license that have a limited work authorization.

All licensees who are authorized to possess, use, or transport formula quantities of strategic

special nuclear material under the provisions of 10 CFR Part 70, Domestic Licensing of Special

Nuclear Material.

All holders of a certificate of compliance or an approved compliance plan issued under

10 CFR Part 76, Certification of Gaseous Diffusion Plants, if the holder engages in activities

involving formula quantities of strategic special nuclear material.

All contractors and vendors (C/Vs) who implement fitness-for-duty (FFD) programs or program

elements to the extent that the licensees and other entities listed above rely on those C/V FFD

programs or program elements to comply with 10 CFR Part 26, Fitness For Duty Programs.

==PURPOSE==
The U.S. Nuclear Regulatory Commission (NRC) is issuing this Information Notice (IN) to report

FFD performance information obtained from licensees as detailed in their 2008 FFD program

performance report submissions. The agency expects recipients to review the information for

applicability to their facilities and to consider, as appropriate, corrective actions to improve their

FFD programs. Suggestions contained in this IN are not NRC requirements; therefore, no

specific action or written response is required.

==DESCRIPTION OF CIRCUMSTANCES==
The regulations of 10 CFR Part 26, Fitness for Duty Programs, prescribe requirements and

standards for the establishment, implementation, and maintenance of FFD programs. On

March 31, 2008, the Commission published a final rule for 10 CFR Part 26 that updated FFD

requirements and enhanced consistency with other relevant Federal rules and guidelines. This

final rule (Volume 73 of the Federal Register, page 16966 (73 FR 16966; March 31, 2008))
became effective on April 30, 2008; however, licensees and other entities could defer

implementation of the requirements related to drug and alcohol testing until March 31, 2009.

The former rule (54 FR 24494; June 7, 1989), required licensees to submit their FFD program

performance reports to the NRC within 60 days of the end of each 6-month reporting period

(January - June and July - December). The current rule requires licensees to submit FFD

program performance data annually before March 1 of the following year in accordance with

10 CFR 26.727, Fitness-for-Duty Program Performance Date.

In the past, the NRC summarized and analyzed the performance data and published

NUREG/CR-5758, Fitness for Duty in the Nuclear Power IndustryAnnual Summary of

Program Performance Reports. Beginning with calendar year 1996 data, the NRC has

published the summary and analysis of FFD program performance data through the NRCs

generic communication program. The enclosure to this IN provides FFD program performance

data for calendar year 2008.

This IN presents FFD program performance information for 74 licensees or other entities as

follows:
     *   64 reactor sites. One utility aggregated the performance data for two different reactor

sites into one performance report. Therefore, although this IN only distinguishes

between 64 reactor sites, the actual test results address all 65 reactor sites.

*   6 corporate FFD program offices. Some utilities with multiple reactor sites administer

the FFD program at a location different from the reactor sites and therefore report data

for these personnel separately.

*   4 contractors/SSNM transporters. These four include BWX Technologies, Inc.; Institute

of Nuclear Power Operations; Nuclear Fuel Services, Inc.; and Westinghouse Electric

Company, LLC.

==DISCUSSION==
The following summarizes information reported by licensees or other entities (hereafter, as

licensees) on FFD program issues encountered and where appropriate the lessons learned, management initiatives, and corrective actions.

* Ten licensees reported issues associated with licensee testing facilities or HHS-certified

laboratory performance involving equipment malfunctions or potential weaknesses related to

human error, or both. Of these, the majority of problems pertained to blind performance test

samples.

* Seven licensees reported testing program policy and procedure issues. These primarily

involved alcohol testing and illegal drug (cocaine and marijuana) use.

* A number of licensees elected to test for alcohol or specific drugs or both using more

stringent cutoff levels than those established by regulation (see Sections 2.7(e) and 2.7(f) in

Appendix A, Guidelines for Drug and Alcohol Testing Programs, to 10 CFR Part 26 in the

former rule; and 10 CFR 26.133, Cutoff Levels for Drugs and Drug Metabolites, and

10 CFR 26.163, Cutoff Levels for Drugs and Drug Metabolites, in the current rule).

Specifically, 5 licensees lowered the alcohol cutoff, 63 licensees reduced the marijuana

cutoff, 4 licensees reduced the cocaine cutoff, 5 licensees reduced the opiate cutoff,
    8 licensees reduced the amphetamine cutoff, and 4 licensees reduced the phencyclidine

(PCP) cutoff. The lower cutoff levels for drugs and drug metabolites have resulted in the

identification of illegal drug use. In addition, 7 licensees tested for additional drugs above

those required by regulation.

* Five licensees reported initiatives that resulted in the identification of programmatic

improvements or areas of weakness requiring corrective action.

* Three licensees reported various types of self-assessments or initiatives to improve their

FFD programs. These actions included but were not limited to peer and external reviews.

Two other licensees implemented new software programs to enhance the management of

the FFD and access authorization programs.

* The staff noted that, for a few licensees, the program performance reports did not

summarize management actions taken in response to identified FFD program occurrences

or deficiencies (10 CFR 26.71(d) in the former rule and 10 CFR 26.717(b)(8) of the current

rule). Fitness for duty programs are subject to NRC inspection.

The following describes FFD program performance issues that occurred at licensee facilities.

For summary purposes, this information is presented below in four categories: (1) Certified

Laboratories, (2) Policies and Procedures, (3) Program and System Management, and (4) Other

Program and System Management Issues.

(1) Certified Laboratories

Overall, 10 licensees reported problems associated with laboratory performance involving

equipment malfunctions or potential weaknesses related to human error, or both, as follows:

* One licensee reported a potential deficiency associated with the tamper indicating seals

supplied by the U.S. Department of Health and Human Services (HHS)-certified laboratory

for use in securing specimen containers. The licensee determined through testing that the laboratory-supplied seal could be removed from a specimen bottle without indications of

tampering. The licensee immediately implemented the use of a second more sensitive seal

that was applied over the laboratory-supplied seal. A review of drug test results for

specimen testing conducted at the laboratory over the past 2 years revealed no instances in

which a specimen was rejected for testing because of a problem with the tamper-indicating

seal. The laboratory was in the process of developing a new seal at the time of the FFD

performance report submission. The licensee will conduct tests on the new seal when it

receives it from the laboratory and will verify that the seal cannot be removed from a

specimen bottle without the seal showing signs of tampering.

* One licensee reported that a contractor FFD technician included the phrase Quality

Assurance Blind on the custody-and-control forms for blind performance test samples sent

to the HHS-certified laboratory. This information distinguished the blind samples from donor

specimens submitted for testing. The FFD technician received training on the correct

procedures to follow for completing the custody-and-control forms for blind samples, and the

licensee submitted new blind samples to the HHS-certified laboratory to replace those

previously sent in error. The licensee also reviewed the custody-and-control forms for

previous blind samples and identified no additional discrepancies.

* One licensee reported that the HHS-certified laboratory misplaced two specimens. An

additional specimen was collected and tested for each donor.

* One licensee reported that the HHS-certified laboratory reported a false negative test result

for a blind performance test sample containing amphetamine. Retesting of the blind sample

at a second HHS-certified laboratory resulted in a positive test for amphetamine. The

licensees performance report submission did not specify the cause of the testing error at

the initial HHS-certified laboratory.

* One licensee reported that the HHS-certified laboratory reported a false negative result for a

blind performance test sample containing PCP. The laboratory investigated and determined

that a random mechanical instrument error resulting from a small crack in a wash nozzle line

caused the false negative.

* One licensee reported that the HHS-certified laboratory reported a false negative result for a

blind performance test sample containing PCP. The laboratory determined that the

certifying scientist incorrectly entered the test result into the laboratorys computer system.

The laboratory conducted error correction training with the certifying scientist and indicated

that all certifying scientists would receive additional training to ensure that they accurately

entry of gas chromatography/mass spectrometry results into the laboratorys computer

system.

* One licensee reported that the HHS-certified laboratory reported an inconsistent test result

for a blind performance test sample containing marijuana and an adulterant. The laboratory

reported only a marijuana positive test result. The licensees performance report submission

did not specify the cause of the inconsistent result from the HHS-certified laboratory.

* One licensee reported that an FFD program audit determined that it had not met the

quarterly blind performance test sample requirement for the former rule (i.e., 10 percent of

specimens tested in the quarter up to 250) for the third quarter of 2008. The licensee

submitted 33 samples when it should have submitted 35 samples. The issue was attributed

to the licensees failure to apply self-checking techniques to ensure that the intended action

was correct. Licensee staff completed refresher training and the licensee developed a

tracking table to more accurately evaluate the number and type (i.e., positive or negative) of

blind samples submitted for testing each quarter. A Human Performance Success Clock

Evaluation recommended a Section Clock Reset because company administrative

expectations were not being met. The licensee forwarded the Human Performance Success

Clock Evaluation to the Condition Report Program Administrator for retention.

* Two licensees reported not meeting the quarterly blind performance test sample

requirement for one quarter of testing. However, the licensees noted that the combined

average for the first and second quarters was over 10 percent of the specimens submitted to

the HHS-certified laboratory. The licensee generated condition reports, implemented

corrective actions to prevent recurrence, and issued company-wide condition reports to

share the event and lessons learned with other entities.

(2) Policies and Procedures

Overall, 7 licensees reported testing program policy and procedure issues as follows:

* One licensee reported that an NRC security inspection report identified a Green non-cited

violation for failure to test personnel selected for random drug and alcohol testing at the

earliest reasonable and practical opportunity.

* One licensee reported that the results of a self-assessment evaluation of 200 breath alcohol

tests determined that 1 breath test had been improperly administered. The test was

performed with only 1 minute between breath samples. An additional 1,000 records were

reviewed with no issues identified.

* One licensee reported that a confirmed positive alcohol test result was appealed and

overturned because the specimen collector completed the custody-and-control form

improperly.

* One licensee reported that the pre-access1 alcohol test for a refueling outage short-term

contractor was conducted in error. Positive results were obtained during initial breath

testing but confirmatory testing was not conducted because of a communication error by the

1 Licensees and other entities shall administer drug and alcohol tests to the individuals who are

subject to 10 CFR Part 26 under the following conditions: for pre-access, for-cause, and post- event. (10 CFR 26.31(c)). Licensees and entities are required to conduct pre-access testing as

well as other actions (such as background, credit, and criminal history checks) to help ensure

the honestly, integrity, and reliability of persons being considered for unescorted access to a

licensee facility. breath collector. The breath collector, a temporary worker hired for outage processing, was

relieved of collection duties pending counseling and additional training. The short-term

contractor was not granted unescorted access to the plant.

* One licensee reported that it determined that two licensee security officers were associated

with illegal drugs. One security officer admitted to illegal drug use while on vacation and

following his return to work. The second security officer was involved in an offsite event

apparently involving the possession of cocaine and drug paraphernalia; this event required

police response. For-cause tests were completed for both security officers, and the results

of the tests were negative. The licensee terminated both employees employment and

implemented an accelerated random testing program for security officers above that

required by 10 CFR Part 26. During this reporting period, the accelerated testing resulted in

no positive test results.

* One licensee reported that a contract employee that previously had unescorted access, tested positive for marijuana on a pre-access test. The licensee granted the employee

5-day reinstated access pending receipt of the pre-access drug test result. Upon receipt of

a positive test result, the licensee suspended the employees unescorted access. The

licensee reviewed the employee's work activities and did not identify any deficient work

practices that could have impacted security- or safety-related systems/equipment. A review

of the employee's request for unescorted access revealed no disqualifying information or

indication of illegal drug use. The employee did not enter the protected area during the

5-day period. The licensee subsequently revoked the employee's unescorted access.

* One licensee reported that a thermometer used during a urine specimen collection was past

due for calibration. A second specimen was collected from the donor and a condition report

was written.

(3) Program and System Management

As described above, the current 10 CFR Part 26 rule was published and became effective

April 30, 2008. However, licensees could defer implementation of the drug and alcohol

provisions until March 31, 2009. As a result, for the 2008 FFD performance reporting period, some licensees may have implemented the amended/new requirements midway through

calendar year 2008. Therefore, the drug and alcohol performance data presented below (e.g.,
cutoff and blood alcohol content (BAC) levels) could represent either the former or the current

requirements depending on the actual date that the licensee implemented the current rule. The

drug and alcohol testing requirements for the former rule are provided in 10 CFR Part 26, Appendix A, Sections 2.7(e) and 2.7(f). The current drug testing cutoff levels are found in

10 CFR 26.133 and 26.163 and the confirmatory BAC percentage considered a positive test

result is found in 10 CFR 26.103. The changes to the drug and alcohol testing cutoff level

changes are as follows:

* Marijuana metabolites. Initial cutoff level was lowered from 100 nanograms per milliliter

(ng/mL) to 50 ng/mL.

* Opiate metabolites. Initial and confirmatory cutoff levels were increased from 300 ng/mL to

2000 ng/mL.

* Confirmatory alcohol test percent BAC. The current rule provides a work status provision to

evaluate time-at-work when determining a positive alcohol test result. (Before the current

rule, the NRC considered only a confirmatory alcohol test result of 0.04 percent BAC or

higher as a positive test result.) Under the current rule, a positive test result is reported for

three situations: a confirmatory alcohol test result of 0.04 percent BAC or higher; a

0.03 percent BAC or higher and in work status for at least 1-hour; and, a 0.02 percent BAC

or higher and in work status for at least 2 hours.

Alcohol Testing (BAC Cutoff Levels):

* One licensee reported testing at a lower BAC cutoff level (0.02 percent BAC) for pre-access

and follow-up testing.

* Four licensees reported testing at BAC cutoff levels ranging from 0.011-0.039 percent to

extrapolate BAC levels based on time between alcohol consumption and time of test.

* Eight licensees reported implementing the BAC cutoff levels in the current rule.

Drug Testing (Cutoff Levels):

* Three licensees reported testing at the limits of detection (LOD) for all for-cause and follow- up tests and for suspect specimens. This testing resulted in the identification of marijuana

and cocaine positive results.

Note: For the drug or drug metabolites provided below, the following format is used: (Initial

Cutoff Level/Confirmatory Cutoff Level). For example, (50/15 ng/mL) means that the

initial confirmatory cutoff level is 50 ng/mL and the confirmatory cutoff level is 15 ng/mL.

Marijuana

Sixty-three licensees reported testing at lower cutoff levels than those required by the former

rule. The majority of these licensees had also tested at these levels in prior years.

* Fifty-four licensees reported testing at lower cutoff levels under the former rule and

consistent with the cutoff levels in the current rule (50/15 ng/mL).

* Three of the 54 licensees reported maintaining an initial cutoff level at 100 ng/mL for

licensee bargaining unit personnel and applied the 50/15 ng/mL cutoff levels for all other

personnel.

* Four of the 54 licenses reported using a 20 ng/mL initial cutoff level and confirmatory

cutoff level at the LOD for dilute specimens (i.e., specimens with a creatinine

concentration of less than 20 milligrams per deciliter).

* Two licensees reported testing at lower cutoff levels (50/10 ng/mL). One of these

licensees reported switching to a confirmatory cutoff level of 15 ng/mL in October 2008.

* Two licensees reported testing at lower cutoff levels (20/15 ng/mL).

* One licensee reported testing at lower cutoff levels (20/10 ng/mL). *   Four licensees reported testing at lower cutoff levels (20/3 ng/mL).

Cocaine

* Four licensees reported testing at lower cutoff levels (150/60 ng/mL).

Opiates

*      Five licensees reported testing at lower cutoff levels (300/150 ng/mL).

Amphetamine

* One licensee reported testing at lower cutoff levels (1000/250 ng/mL).

* One licensee reported testing at lower cutoff levels (1000/200 ng/mL), but only for

amphetamine, not for methamphetamine.

* One licensee reported testing at lower cutoff levels (300/300 ng/mL).

* One licensee reported testing at lower cutoff levels (300/250 ng/mL).

* Four licensees reported testing at lower cutoff levels (300/100 ng/mL).

Phencyclidine (PCP)

* Four licensees reported testing at lower cutoff levels (20/10 ng/mL).

===Testing for Additional Drugs===

* Five licensees reported testing for barbiturates (300/300 ng/mL), benzodiazepines (300/300
    ng/mL), methadone (300/300 ng/mL), and methaqualone (300/300 ng/mL). Those tests

resulted in one positive result.

* One licensee reported testing for methadone (300/200 ng/mL), but discontinued that testing

after October 2008.

* One licensee reported testing for barbiturates (300/250 ng/mL) and benzodiazepines

(300/250 ng/mL).

(4) Other Program and System Management Issues

* One licensee conducted an FFD self-assessment with a team of three peer evaluators from

other licensees and two of their own employees. The assessment generated

13 recommendations that the licensee is currently evaluating.

* One licensee reported four issues identified during an NRC inspection: (1) donors had

access to a soap dispenser in the collection area; (2) the licensee failed to perform follow-up

testing at the required procedural frequency for a person; (3) unescorted access not

withheld for three individuals who were not covered under the behavioral observation

program (BOP) for more than 30 days; and (4) personal/privacy information was stored in an

unprotected network location.

* One licensee reported that staff at the licensee testing facility participated in proficiency

testing provided by the College of American Pathologists to ensure to the accuracy and

integrity of the drug testing process.

* Two licensees implemented a new vendor-supplied database system to maintain and

process information for the access authorization, FFD, and BOP programs. The information

system automated and simplified processes, replaced multiple databases, and eliminated

redundant work for licensee staff. This system incorporates and standardizes processes, programs, and procedures, including the annual supervisory reviews, monthly access

control list, and the generation of the random selection lists for the FFD program.

Efficiencies were gained by eliminating multiple data entry points and by reducing file

maintenance activities.

==CONTACT==
This IN requires no specific action or written response. Please direct any questions about this

matter to the technical contact listed below.

/RA/                                           /RA/
Timothy J. McGinty, Director                   Daniel H. Dorman, Director

Division of Policy and Rulemaking              Division of Fuel Cycle Safety and Safeguards

Office of Nuclear Reactor Regulation           Office of Nuclear Material Safety and Safeguards

/RA/

===Glenn Tracy, Director===
Division of Construction Inspection

and Operational Programs

===Office of New Reactors===

===Technical Contact:===

===Paul Harris, NSIR===
                         (301) 415-1169 E-mail: fitnessforduty@nrc.gov

Enclosure:
Summary of Fitness-for-Duty Program Performance Reports (Calendar Year 2008)
Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under Electronic Reading Room/Document Collections.

ML092650761                                                     ME2434 OFFICE     ISCP/DSP/NSIR   Tech Editor    DRA/RES         ISCP/DSP/NSIR     DSP/NSIR      PGCB:DPR

NAME       P. Harris       KKribes email  VBarnes email C. Erlanger         R. Correia    DBeaulieu

DATE       09/29/09        9/29/09        9/23/09         10/5/09           10/8/09       10/28/09 OFFICE     PGCB:DPR        BC:PGCB:DPR    NRO                     NMSS      D:DPR

NAME       CHawes          MMurphy        GTracy(ACampbell for) DDorman     TMcGinty

DATE       11/02/09        11/12/09       11/19/09                11/23/09  11/24/09

Summary of Fitness for Duty Program Performance Reports

(Calendar Year 2008)
Title 10 of the Code of Federal Regulations (10 CFR), Part 26.717, Fitness-for-Duty Program

Performance Data, (formerly 10 CFR 26.71(d)) requires licensees and other entities to, in part, collect, compile, retain, and submit fitness for duty program performance data. The tables and

charts below present information for calendar year 2008 and in some cases present data over

longer periods of time to present trends. The following is a summary description of the data

listed in the subsequent tables. In some cases, the numerical summary values below have

been rounded.

Summary

*    The tables show that the industry positive test rate is low for both licensee and

contractor/vendor populations.

*    Table 1 shows that the positive test rate for all tests conducted by the industry is

0.65 percent. The for-cause test rate resulting from behavior observation is 11.79 percent, the highest industry positive test rate.

*    Table 2 illustrates a consistent pattern regarding positive test rates by work category.

Licensee employees have the lowest positive test rates and short-term contractors have the

highest positive test rates. This pattern has been consistent across test types and over time

as shown in Tables 9, 10, 11, and 12.

*    Table 4 shows that marijuana is the substance most frequently detected substance in both

licensee employee and contractor tests. For licensee employees, alcohol is the next most

frequently detected substance while cocaine is the most frequently detected substance for

contractors.

*    Table 5 shows a downward trend in the number of significant events for reactor operators

and supervisors.

*    Table 7 illustrates that three substances (marijuana, cocaine, and alcohol) have accounted

for approximately 95 percent of all substances identified in each year of industry testing from

1990 through 2008.

Marijuana 47 percent of substances in 1990, 55 percent in 2008 Cocaine 29 percent of substances in 1990, 20 percent in 2008 Alcohol       19 percent of substances in 1990 and 2008
*    Table 8 shows that from 1990 through 2008 the annual random testing positive rate for

industry has decreased from 0.37 percent to 0.23 percent. *   Table 13 presents the range of positive test rates reported by licensees in 2008, by work

category, for pre-access and random testing. The information presented indicates that while

the overall positive rates are low (less than 1 percent), contractors test positive at a much

higher rate than licensee employees.

Pre-access testing positive rates

* Industry rate (contractors) is 0.85 percent

(licensee sites reported positive rates from 0.0 to 2.10 percent)
        *   Industry rate (licensee employees) is 0.18 percent

(licensee sites reported positive rates from 0.0 to 1.53 percent).

Random testing positive rates

* Industry rate (contractors) is 0.43 percent

(licensee sites reported positive rates from 0.0 to 2.01 percent)
        *   Industry rate (licensee employees) is 0.14 percent

(licensee sites reported positive rates from 0.0 to 0.60 percent).

Table 1     Test Results for Each Test Category (2008)
  Test Category                 Number of Tests         Positive Tests          Percent Positive

Pre-Access                               87,468                   664                      0.76%
  Random                                   54,759                   127                      0.23%
  For-Cause

Observed Behavior                          797                     94                    11.79%
   Post-Accident                              986                      7                     0.71%
  Follow-Up                                 5,756                     44                     0.76%
  Other                                     2,171                     55                     2.53%
  TOTAL*                                  151,937                   991                      0.65%
  TOTAL without Other                   149,766                   936                      0.62%
  category

* Includes the Other test category. Although some licensees specified the nature of the tests

included in the Other category (e.g., return to work), most licensees did not provide clarifying

information. Table 2     Test Results by Test and Work Categories (2008)
                              Licensee        Long-Term         Short-Term

Test Category                                                                      Total

Employees      Contractors*       Contractors*
Pre-Access

Number Tested                     11,498            1,086           74,884          87,468 Number Positive                       21               10              633             664 Percent Positive                  0.18%            0.92%            0.85%           0.76%
Random

Number Tested                     38,721            1,813           16,225          54,759 Number Positive                       50                2               75             127 Percent Positive                  0.14%            0.11%            0.46%           0.23%
For-Cause

Observed Behavior

Number Tested                        329               30              438             797 Number Positive                       22                0               72              94 Percent Positive                  6.69%            0.00%           16.44%          11.79%
Post-Accident

Number Tested                        448               69              469             986 Number Positive                        1                0                 6              7 Percent Positive                  0.22%            0.00%            1.28%           0.71%
Follow-Up

Number Tested                      2,856              139            2,761           5,756 Number Positive                       19                0               25              44 Percent Positive                  0.67%            0.00%            0.91%           0.76%
Other

Number Tested                      1,196              263              712           2,171 Number Positive                        9                0               47              55 Percent Positive                  0.75%            0.00%            6.60%           2.53%
TOTAL

Number Tested                     53,048            3,400           95,489         151,937 Number Positive                      122               12              857             991 Percent Positive                  0.23%            0.35%            0.90%           0.65%
TOTAL without Other

Number Tested                     51,852            3,137           94,777         149,766 Number Positive                      113               12              811             936 Percent Positive                  0.22%            0.38%            0.86%           0.62%
* Some licensees distinguished between short-term and long-term contractors, whereas others

reported all contractors as short term. Table 3    Test Results by Test Category (2008)
                                 First           Second

Test Category                                                   Year

6 Months         6 Months

Pre-Access

Number Tested                         48,177           39,291        87,468 Number Positive                          394              270           664 Percent Positive                      0.82%            0.69%         0.76%
Random

Number Tested                         27,795           26,964        54,759 Number Positive                           71               56           127 Percent Positive                      0.26%            0.21%         0.23%
For-Cause

Observed Behavior

Number Tested                            450              347           797 Number Positive                           56               38            94 Percent Positive                     12.44%           10.95%        11.79%
Post-Accident

Number Tested                            526              460           986 Number Positive                            5                2             7 Percent Positive                      0.95%            0.43%         0.71%
Follow-Up

Number Tested                          3,082            2,674         5,756 Number Positive                           20               24            44 Percent Positive                      0.65%            0.90%         0.76%
Other

Number Tested                          1,206              965         2,171 Number Positive                           30               25            55 Percent Positive                      2.49%            2.59%         2.53%
TOTAL

Number Tested                         81,236           70,701      151,937 Number Positive                          576              415           991 Percent Positive                      0.71%            0.59%         0.65%

===TOTAL without Other===
  Number Tested                         80,030           69,736      149,766 Number Positive                          546              390           936 Percent Positive                      0.68%            0.56%         0.62% Table 4        Confirmed Positive Test Results by Substance and by Work Category (2008)
               (All test types, including testing Refusals)
                                Licensee                        Contractors

Positive                                                                                            Total

Employees                   (Long-Term/Short-Term)
   Test Result

Number        Percent           Number            Percent            Number       Percent

Marijuana                       47         32.87%               459               52.16%             506       49.46%
Cocaine                         21          14.69%              163               18.52%             184       17.99%
Opiates                          3           2.10%               13                 1.48%             16        1.56%
Amphetamines                     3           2.10%               32                 3.64%             35        3.42%
Phencyclidine                    1           0.70%                0                 0.00%              1        0.10%
Alcohol                         39          27.27%              138               15.68%             177       17.30%
Refusal to Test                 29          20.28%               75                 8.52%            104       10.17%
          TOTAL*              143         100.00%               880             100.00%            1,023      100.00%
* The totals in this table may be higher than those reported in Tables 1, 2, and 3 because of

instances in which an individual tested positive for more than one substance.

Chart 1                                                          Chart 2
  2008 Positive Test Results by Substance                      2008 Positive Test Results by Substance

Licensee Employees                                                     Contractors

Refusal to Test                                                      Refusal to Test

20.28%                                                               8.52%
                                                                          Alcohol

Marijuana                 15.68%
                                                 32.87%
                                                                   Phencyclidine

0.0%
       Alcohol                                                                                                   Marijuana

27.27%                                                    Amphetamines                                      52.16%
                                                                   3.64%
                                                                     Opiates

1.48%
            Phencyclidine               Cocaine

0.70%                   14.69%                                     Cocaine

Amphetamines     Opiates                                             18.52%
                   2.10%        2.10% Table 5      Significant Fitness-for-Duty (FFD) Events*
                                                         FFD

Reactor       Licensee       Contract                 Substances   Adulterated

Year                                                   Program                               Total

Operators    Supervisors    Supervisors                    Found     Specimen*
                                                      Personnel

1990          19             26             12            1            6            -         64
1991          16             18             24            5            8            -         71
1992          18             22             28            0            6            -         74
1993           8             25             16            0            2            -         51
1994           7             11             11            1            0            -         30
1995           8             16             10            0            5            -         39
1996           8             19              8            2            5            -         42
1997           9             16             10            0            4            -         39
1998           5             10             10            3            0            -         28
1999           5              2             12            2            2            -         23
2000           5             11              8            0            3            -         27
2001           4              9             12            0            0            -         25
2002           3              3             12            3            1            -         22
2003           6              3              8            0            2            9         28
2004           9              7              4            0            9           23         52
2005           5             13             14            1            9           29         71
2006           3              6              6            0            2           60         77
2007           3              7              1            1            0           47         59
2008           2              8              6            1            0           51         68
* For this report, an adulterated specimen is reported if the original specimen was determined to

be adulterated, dilute, or possessed unusually low or high temperature, specific gravity, or

creatinine levels and if the individual either refused to provide a second specimen or the

specimen collected under observed collection resulted in a positive test result. The staff notes

that some inconsistencies were identified in licensee reporting of adulterated specimens. Table 6A Trends in Testing by Test Type

Type of Test              1990         1991      1992         1993    1994*    1995      1996       1997        1998         1999 Pre-Access

Number Tested          122,491      104,508   104,842       91,471   80,217  79,305    81,041     84,320      69,146       69,139 Number Positive           1,548          983     1,110          952     977    1,122     1,132      1,096         822          934 Percent Positive         1.26%        0.94%     1.06%        1.04%   1.22%    1.41%     1.40%      1.30%       1.19%        1.35%
Random

Number Tested          148,743      153,818   156,730      146,605   78,391  66,791    62,307     60,829      56,969       54,457 Number Positive             550          510       461          341     223      180       202        172         157          140
  Percent Positive         0.37%        0.33%     0.29%        0.23%   0.28%    0.27%     0.32%      0.28%       0.28%        0.26%
For-Cause

Number Tested               732          727       696          751     758      763       848        722         720          736 Number Positive             214          167       178          163     122      139       138        149         100          120
  Percent Positive        29.23%      22.97%     25.57%      21.70%   16.09%  18.22%    16.27%     20.64%      13.89%       16.30%
Followup

Number Tested             2,633        3,544     4,283        4,139   3,875    3,262     3,262      3,296       2,863        3,008 Number Positive              65           62        69           56      50       35        40         31          43           30
  Percent Positive         2.47%        1.75%     1.61%        1.35%   1.29%    1.07%     1.23%      0.94%       1.50%        1.00%
TOTAL

Number Tested          274,599      262,597   266,551      242,966  163,241 150,121   147,458    149,167     129,698      127,340
  Number Positive           2,377        1,722     1,818        1,512   1,372    1,476     1,512      1,448       1,122        1,224 Percent Positive         0.87%        0.66%     0.68%        0.62%   0.84%    0.98%     1.03%      0.97%       0.87%        0.96%
* Beginning in 1994, the NRC reduced the minimum annual random testing rate from 100 to 50 percent of the subject population.

Total does not include results from the Other test category. Table 6B Trends in Testing by Test Type

Type of Test                2000         2001         2002         2003    2004    2005    2006    2007        2008 Pre-Access

Number Tested              68,333       63,744      73,155       72,988  76,119  79,005  79,980  81,932      87,468 Number Positive               965          720         805          757     737     648     747     668          664 Percent Positive           1.41%        1.13%       1.10%        1.04%   0.97%   0.82%   0.93%   0.82%        0.76%
Random

Number Tested              51,955       50,080      49,741       49,402  51,239  50,286  52,557  51,665      54,759 Number Positive               204          148         114          132     127     147     132     117          127 Percent Positive           0.39%        0.30%       0.23%        0.27%   0.25%   0.29%   0.25%   0.23%        0.23%
For-Cause

Number Tested                 883          730       1,072        1,052   1,159   1,161   1,621   1,615        1,783 Number Positive               138          101         112          126     139     106     109      91          101 Percent Positive          15.63%       13.84%      10.45%       11.98%  11.99%   9.13%   6.72%   5.63%        5.66%
Followup

Number Tested               2,861        2,649       2,892        3,142   3,752   4,057   4,766   4,991        5,756 Number Positive                49           35          21           42      31      31      37      31           44 Percent Positive           1.71%        1.32%       0.73%        1.34%   0.83%   0.76%   0.78%   0.62%        0.76%
TOTAL*
   Number Tested            124,032      117,203      126,860      126,584 132,269 134,509 138,924 140,203     149,766 Number Positive             1,356        1,004       1,052        1,057   1,034     932   1,025     907          936 Percent Positive           1.09%        0.86%       0.83%        0.84%   0.78%   0.69%   0.74%   0.65%        0.62%
Total does not include results from the Other test category. Chart 3              Trends in Positive Random Testing Rates*
                     0.45%                                                                               600
                     0.40%
                                                                                                         500
                                                                                                                 Positive Random Tests

0.35%
     Positive Rate

0.30%                                                                               400
                     0.25%
                                                                                                         300
                     0.20%
                     0.15%                                                                               200
                     0.10%
                                                                                                         100
                     0.05%
                     0.00%                                                                               0
                            90      92      94      96      98      00      02      04      06      08
                         19      19      19      19      19      20      20      20      20      20
                                         Positive Rate             Number of Positive Tests

* Beginning in 1994, the NRC reduced the minimum annual random testing rate from 100 to 50
percent of the subject population. Table 7   Trends in Substances Identified

Amphet-           Phen- Year    Marijuana   Cocaine   Alcohol             Opiates                 Total

amines           cyclidine

1990         1,153      706        452         69       45           8      2,433
1991           746      549        401         31       24         11       1,762
1992           953      470        427         31        8           4      1,893
1993           781      369        357         51       13           5      1,576
1994           739      344        251         54       11           1      1,400
1995           819      374        265         61       17           7      1,543
1996           868      352        281         53       14           2      1,570
1997           842      336        262         49       39           0      1,528
1998           606      269        212         46       19           1      1,153
1999           672      273        230         40       16           2      1,233
2000           620      251        211         50       32           1      1,165
2001           523      225        212         50       17           2      1,029
2002           560      228        214         47       21           3      1,073
2003           518      228        199         64       17           0      1,026
2004           514      247        222         60       14           1      1,058
2005           432      246        196         59       16           2        951
2006           446      307        206         53       14           1      1,027
2007           386      232        189         29       22           5        863
2008           506      184        177         35       16           1        919 Table 8     Trends in Positive Test Rates for Workers with Unescorted Access

Total

Random                   For-Cause

(Random and

Testing                    Testing

Year                                                               For-Cause Testing)
              Number          Percent    Number         Percent     Number          Percent

of Tests        Positive   of Tests       Positive    of Tests        Positive

1990         148,743        0.37%           732      29.23%         149,475      0.54%
   1991         153,818        0.33%           727      22.97%         154,545      0.47%
   1992         156,730        0.29%           696      25.57%         157,426      0.44%
   1993         146,605        0.23%           751      21.70%         147,356      0.37%
   1994*          78,391       0.28%           758      16.09%          79,149      0.48%
   1995           66,791       0.27%           763      18.22%          67,554      0.50%
   1996           62,307       0.32%           848      16.27%          63,155      0.57%
   1997           60,829       0.28%           722      20.64%          61,551      0.54%
   1998           56,969       0.28%           720      13.89%          57,689      0.50%
   1999           54,457       0.26%           736      16.30%          55,193      0.50%
   2000           51,955       0.39%           883      15.63%          52,838      0.70%
   2001           50,080       0.30%           730      13.84%          50,810      0.53%
   2002           49,741       0.23%         1,072      10.45%          50,813      0.46%
   2003           49,402       0.27%         1,052      11.98%          50,454      0.56%
   2004           51,239       0.25%         1,159      11.99%          52,398      0.51%
   2005           50,286       0.29%         1,161      9.13%           51,447      0.49%
   2006           52,557       0.25%         1,621      6.72%           54,178      0.44%
   2007           51,665       0.23%         1,615      5.63%           53,280      0.39%
   2008           54,759       0.23%         1,783      5.66%           56,542      0.40%
* In 1994, the NRC reduced the minimum annual random testing rate from 100 to 50 percent of

the subject population. Table 9     Trends in Positive Test Rates (All Test Types)* by Work Category

Licensee                      Long-Term                       Short-Term

Employees                      Contractors                     Contractors

Year

Number         Percent        Number          Percent         Number          Percent

Positive       Positive       Positive        Positive        Positive        Positive

1993        274           0.25%             17           0.21%           1,221           0.97%
  1994        219           0.33%             25           0.49%           1,128           1.22%
  1995        197           0.34%             14           0.40%           1,265           1.44%
  1996        244           0.43%             21           0.69%           1,247           1.42%
  1997        187           0.34%             29           0.80%           1,232           1.37%
  1998        169           0.33%             22           0.67%             931           1.25%
  1999        159           0.32%             22           0.65%           1,043           1.39%
  2000        206           0.44%             78           1.51%           1,072           1.48%
  2001        147           0.32%             22           0.64%             835           1.24%
  2002        117           0.26%             12           0.46%             923           1.18%
  2003        146           0.33%             12           0.61%             899           1.13%
  2004        123           0.27%             15           0.58%             896           1.06%
  2005        122           0.27%             19           0.78%             791           0.90%
  2006        118           0.25%             14           0.68%             893           1.00%
  2007        115           0.24%             15           0.67%             777           0.86%
  2008        113           0.22%             12           0.38%             811           0.86%
* This includes all test categories with the exception of the Other test category. Table 10 Trends in Positive Pre-Access Testing Rates by Work Category

Licensee                  Long-Term                 Short-Term

Employees                 Contractors                Contractors

Year

Number        Percent    Number          Percent    Number          Percent

Positive      Positive   Positive        Positive   Positive        Positive

1993       47          0.42%           7           0.47%       898            1.14%
1994       49          0.48%         12            0.86%       916            1.34%
1995       60          0.57%           7           0.61%     1,055            1.56%
1996       94          0.95%         13            1.21%     1,025            1.46%
1997       62          0.55%         17            1.34%     1,017            1.42%
1998       50          0.53%         12            0.88%       760            1.30%
1999       44          0.52%         10            0.75%       880            1.48%
2000       51          0.67%         60            2.06%       854            1.48%
2001       44          0.52%         16            0.98%       660            1.23%
2002       28          0.35%         10            0.80%       767            1.20%
2003       41          0.49%           8           1.03%       708            1.11%
2004       35          0.46%           8           0.73%       694            1.03%
2005       28          0.34%         12            1.56%       608            0.87%
2006       24          0.26%           7           1.33%       716            1.02%
2007       34          0.35%           8           1.25%       626            0.88%
2008       21          0.18%         10            0.92%       633            0.85%
Table 11 Trends in Positive Random Test Rates by Work Category

Licensee                   Long-Term                 Short-Term

Employees                  Contractors                Contractors

Year

Number        Percent    Number           Percent    Number         Percent

Positive      Positive   Positive         Positive   Positive       Positive

1993      157          0.17%           7             0.11%     177            0.39%
1994       96          0.18%           7             0.19%     120            0.54%
1995       82          0.18%           5             0.21%      93            0.50%
1996       94          0.21%           4             0.21%     104            0.64%
1997       76          0.18%           6             0.27%      90            0.54%
1998       71          0.18%           9             0.48%      77            0.52%
1999       71          0.18%           7             0.35%      62            0.45%
2000      116          0.32%           5             0.24%      83            0.64%
2001       64          0.18%           4             0.24%      80            0.65%
2002       55          0.15%           1             0.08%      58            0.45%
2003       61          0.18%           3             0.26%      68            0.48%
2004       51          0.15%           6             0.43%      70            0.46%
2005       60          0.18%           5             0.33%      82            0.54%
2006       55          0.16%           5             0.35%      72            0.44%
2007       55          0.16%           5             0.33%      57            0.38%
2008       50          0.14%           2             0.11%      75            0.46% Table 12 Trends in Positive Observed Behavior Testing Rates by Work Category

Licensee                  Long-Term                  Short-Term

Employees                  Contractors                Contractors

Year

Number        Percent    Number           Percent    Number         Percent

Positive      Positive   Positive         Positive   Positive       Positive

1993       35        15.58%            2           16.67%      126          35.29%
1994       39        19.60%            5           35.71%       75          24.35%
1995       35        14.89%            2           16.67%      101          30.70%
1996       34        13.93%            4           33.33%       98          26.85%
1997       34        16.35%            6           37.50%      104          33.88%
1998       26        14.05%            1           11.11%       70          26.82%
1999       29        14.29%            4           23.53%       87          30.42%
2000       21        10.24%          12            13.48%       99          31.43%
2001       20          9.13%           2           10.00%       77          28.84%
2002       23          9.47%           1           12.56%       86          23.50%
2003       22          9.48%           0            0.00%      101          25.70%
2004       23          8.65%           0            0.00%      111          26.62%
2005       19          6.15%           2           12.50%       84          24.28%
2006       24          7.45%           2            9.52%       78          20.91%
2007       15          5.14%           2            9.09%       64          15.76%
2008       22          6.69%           0            0.00%       72          16.44% FFD Performance Testing Results by Site

This section presents distributional information by site for pre-access, random, and for-cause

testing (i.e., observed behavior testing). This distributional information provides licensees with

additional information to evaluate the performance of their FFD program against the industry

rate. Before this 2008 report, NRC Information Notices primarily presented industry trends by

test type and work categories and did not provide FFD program performance testing data on a

site-specific basis.

Table 13 Industry Positive Test Results for Pre-Access, Random, and Observed

Behavior Testing by Work Category (2008)
                                         Pre-Access Testing

Industry              Range of % Positive

===Work Category===
                                                      % Positive                  (by Site)
   Licensee Employees                                     0.18                     0 - 1.53 Contractors                                           0.85                      0 - 2.10
                         All Work Categories              0.76                        N/A

Random Testing

Industry              Range of % Positive

===Work Category===
                                                      % Positive                  (by Site)
   Licensee Employees                                     0.14                     0 - 0.60
   Contractors                                           0.43                      0 - 2.01 All Work Categories              0.23                        N/A

Observed Behavior Testing

Industry              Range of % Positive

===Work Category===
                                                      % Positive                  (by Site)
   Licensee Employees                                     6.69                     0 - 100
   Contractors                                           15.38                     0 - 100
                         All Work Categories             11.79                        N/A 2008 Pre-Access Testing Positive Rates by Site

Table 14 Distribution of Pre-Access Testing Positive Rates by Work Category by Site

All Employees                                       Licensee Employees                            Contractors

Positive Rate                                           Positive Rate                             Positive Rate

Sites                                                 Sites                                       Sites

Range (%)                                               Range (%)                                 Range (%)
        0                 11                                    0               57                        0               11
   >0.0 - 0.2               1                              >0.0 - 0.2             1                  >0.0 - 0.25            4
   >0.2 - 0.4               8                              >0.2 - 0.4             2                  >0.25 - 0.5          14
   >0.4 - 0.6             12                               >0.4 - 0.6             3                  >0.5 - 0.75          12
   >0.6 - 0.8             11                               >0.6 - 0.8             5                  >0.75 - 1.0          11
   >0.8 - 1.0             14                               >0.8 - 1.0             2                  >1.0 - 1.25            8
   >1.0 - 1.2               8                              >1.0 - 1.2             2                  >1.25 - 1.5            4
   >1.2 - 1.4               3                              >1.2 - 1.4             0                  >1.5 - 1.75            2
   >1.4 - 1.6               4                              >1.4 - 1.6             1                  >1.75 - 2.0            3
   >1.6 - 1.8               1                              >1.6 - 1.8             0                  >2.0 - 2.25            0
   Total Sites*           73                                Total Sites         73                     Total Sites        72
* Total site counts may differ because a site may not have tested one work category.

Chart 4                  Distribution of Pre-Access Testing Positive Rates (All Employees) by Site

16 Industry Rate: 0.76%
                    14
                    12 Number of Sites

10
                    8
                    6
                    4
                    2
                    0
                         0        .2          .4          .6          .8      -1        .2          .4          .6          .8
                              -0          -0          -0          -0                -1          -1          -1          -1
                                                                           >0
                             >0        >0          >0          >0            .8    >1        >1          >1          >1
                                         .2          .4          .6                            .2          .4          .6 Percent (%) Positive Rate Chart 5                   Distribution of Pre-Access Testing Positive Rates (Licensee Employees) by

Site

60
                     50
  Number of Sites

40
                                                               Industry Rate: 0.18%
                     30
                     20
                     10
                     0
                          0        .2            .4          .6           .8        -1            .2          .4           .6          .8
                                -0           -0          -0           -0                     -1           -1           -1         -1
                              >0                                               >0
                                          >0          >0           >0            .8        >1          >1           >1          >1
                                            .2          .4           .6                                  .2           .4          .6 Percent (%) Positive Rate

Chart 6                   Distribution of Pre-Access Testing Positive Rates (Contractors) by Site

16
                     14 Industry Rate: 0.85%
                     12 Number of Sites

10
                      8
                      6
                      4
                      2
                      0
                          0        .2        -0              .7           -1        .2       -1               .7           -2          .2
                                      5        .5              5                       5       .5               5                         5
                               -0                        -0        >0           -1                        -1        >1            -2
                              >0        >0            >0             .7 5      >1        >1            >1             .7 5      >2
                                          .2 5          .5                                 .2 5          .5 Percent (%) Positive Rate 2008 Random Testing Positive Rates by Site

Table 15 Distribution of Random Testing Positive Rates by Work Category by Site

All Employees                          Licensee Employees                        Contractors

Positive Rate                              Positive Rate                         Positive Rate

Sites                                    Sites                                  Sites

Range (%)                                  Range (%)                             Range (%)
                0                28                        0               43                    0             38
           >0.0 - 0.1             2                   >0.0 - 0.1            1               >0.0 - 0.3           3
           >0.1 - 0.2            10                   >0.1 - 0.2            7               >0.3 - 0.6         14
           >0.2 - 0.3             9                   >0.2 - 0.3           10               >0.6 - 0.9         10
           >0.3 - 0.4            14                   >0.3 - 0.4            5               >0.9 - 1.2           2
           >0.4 - 0.5             4                   >0.4 - 0.5            1               >1.2 - 1.5           4
           >0.5 - 0.6             5                   >0.5 - 0.6            6               >1.5 - 1.8           0
           >0.6 - 0.7             1                   >0.6 - 0.7            0               >1.8 - 2.1           1 Total Sites         73                     Total Sites        73                 Total Sites      72
* Total site counts may differ because a site may not have tested one work category.

Chart 7                  Distribution of Random Testing Positive Rates (All Employees) by Site

30
                    25 Industry Rate: 0.23%
  Number of Sites

20
                    15
                    10
                    5
                    0
                          0         .1          .2            .3          .4          .5          .6          .7
                                 -0         -0            -0          -0          -0          -0          -0
                               >0        >0            >0          >0          >0          >0          >0
                                           .1            .2          .3          .4          .5          .6 Percent (%) Positive Rate Chart 8                      Distribution of Random Testing Positive Rates (Licensee Employees) by Site

50
                        45
                        40
  Number of Sites

35 Industry Rate: 0.14%
                        30
                        25
                        20
                        15
                        10
                         5
                         0
                              0          .1          .2          .3           .4          .5          .6          .7
                                     -0          -0          -0           -0          -0          -0          -0
                                    >0        >0          >0           >0          >0          >0          >0
                                                .1          .2           .3          .4          .5          .6 Percent (%) Positive Rate

Chart 9                      Distribution of Random Testing Positive Rates (Contractors) by Site

40
                        35
                        30
      Number of Sites

Industry Rate: 0.43%
                        25
                        20
                        15
                        10
                         5
                         0
                               0         .3          .6          .9           .2          .5          .8          .1
                                      -0         -0          -0            -1           -1        -1          -2
                                    >0        >0          >0           >0          >1          >1          >1
                                                .3          .6           .9          .2          .5          .8 Percent (%) Positive Rate 2008 Observed Behavior Testing Rates by Site

Table 16 Distribution of For-Cause Testing Positive Rates by Work Category by Site

All Employees                                  Licensee Employees                       Contractors

Positive Rate                                      Positive Rate                         Positive Rate

Sites                                              Sites                                 Sites

Range (%)                                          Range (%)                             Range (%)
        0               25                                 0               42                    0             27
     >0 - 10              8                             >0 - 10              0                >0 - 10            4
    >10 - 20            12                             >10 - 20              5               >10 - 20            7
    >20 - 30              6                            >20 - 30              1               >20 - 30            3
    >30 - 40            11                             >30 - 40              3               >30 - 40            7
    >40 - 50              2                            >40 - 50              5               >40 - 50            7
    >50 - 60              1                            >50 - 60              0               >50 - 60            1
    >60 - 70              2                            >60 - 70              0               >60 - 70            2
    >70 - 80              0                            >70 - 80              0               >70 - 80            1
    >80 - 90              0                            >80 - 90              0               >80 - 90            0
    >90 - 100             1                           >90 - 100              1              >90 - 100            2 Total Sites          68                             Total Sites         57                Total Sites       61
* Total site counts may differ because a site may not have tested one work category.

Chart 10 Distribution of Observed Behavior Testing Positive Rates (All Employees) by

Site

30
                    25 Number of Sites

20
                                                    Industry Rate: 11.79%
                    15
                    10
                    5
                    0
                         0        0     -2      -3        -4      -5        -6      -7      -8      -9      -1
                              -1          0       0         0       0         0       0       0       0       00
                             >0       >1      >2       >3       >4      >5        >6      >7      >8      >9
                                        0       0        0        0       0         0       0       0       0
                                                           Percent (%) Positive Rate Chart 11 Distribution of Observed Behavior Testing Positive Rates (Licensee

Employees) by Site

45
                      40
                      35 Number of Sites

30
                                                  Industry Rate: 6.69%
                      25
                      20
                      15
                      10
                      5
                      0
                           0        0     -2      -3      -4        -5       -6      -7      -8      -9      -1
                                -1          0       0       0         0        0       0       0       0       00
                               >0       >1      >2      >3       >4        >5      >6      >7      >8      >9
                                          0       0       0        0         0       0       0       0       0
                                                           Percent (%) Positive Rate

Chart 12 Distribution of Observed Behavior Testing Positive Rates (Contractors) by Site

30
                      25 Number of Sites

20
                                                         Industry Rate: 15.38%
                      15
                      10
                       5
                       0
                           0        0     -2      -3      -4         -5      -6      -7      -8      -9      -1
                                -1          0       0       0          0       0       0       0       0       00
                               >0       >1      >2      >3        >4       >5      >6      >7      >8      >9
                                          0       0       0         0        0       0       0       0       0
                                                              Percent (%) Positive Rate 2008 Distribution of Test Results by Sites and Work Category

Summary

Chart 13 Comparisons of Site Pre-Access Testing Positive Rates by Work Category

60
                      50
                                                                                    Licensee Employees              Contractors

Number of Sites

40
                      30
                      20
                      10
                       0
                           0        .2         .4        .6         .8         -1        .2        .4         .6         .8        -2        .1
                                -0        -0            -0         -0      .8        -1         -1           -1        -1        .8        -2
                               >0        .2         .4         .6         >0        >1        .2         .4         .6        >1        >2
                                     >0            >0         >0                           >1           >1        >1 Percent (%) Positive Rate

Chart 14 Comparison of Site Random Testing Positive Rates by Work Category

40
                      35 Number of Sites

30
                      25 Licensee Employees             Contractors

20
                      15
                      10
                       5
                       0
                           0        .2         .4         .6         .8        -1        .2         .4         .6           .8        -2        .2
                                -0            -0         -0         -0      .8        -1           -1         -1         -1        .8        -2
                               >0         .2         .4         .6        >0        >1         .2         .4           .6        >1        >2
                                         >0         >0         >0                             >1         >1         >1 Percent (%) Positive Rate Chart 15 Comparison of Site Observed Behavior Testing Positive Rates by Work

Category

45
                   40
                   35 Number of Sites

30
                                                                Licensee Employees       Contractors

25
                   20
                   15
                   10
                    5
                    0
                        0        0        0        0        0         0        0         0        0         0        00
                             -1       -2       -3       -4         -5      -6        -7        -8       -9       -1
                            >0        0
                                     >1
                                               0
                                              >2
                                                        0
                                                       >3
                                                                  0
                                                                 >4
                                                                           0
                                                                          >5       >6
                                                                                     0        0
                                                                                             >7
                                                                                                        0
                                                                                                       >8        0
                                                                                                                >9 Percent (%) Positive Rate}}

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