ML24177A318

NRR E-mail Capture - NRC Staff Feedback on the National Institute of Standards and Technology (NIST) Employee Concerns Program

ML24177A318
Person / Time
Site:	National Bureau of Standards Reactor
Issue date:	06/24/2024
From:	Travis Tate NRC/NRR/DANU
To:	Adams J, Newton T US Dept of Commerce, National Institute of Standards & Technology (NIST)
References
Download: ML24177A318 (3)

Text

From:

Travis Tate Sent:

Monday, June 24, 2024 4:42 PM To:

Adams, James M. (Fed); Newton, Thomas H. (Fed)

Cc:

Dori Willis; Brian Lin; Holly Cruz (She/Her/Hers); Patrick Boyle; Carleen Parker; Juan Arellano; Kevin Roche

Subject:

NRC Comments - NIST ECP Jim NRCs feedback on the NIST Employee Concerns Program is provided below. Please note that the NRC inspection of the program may identify additional feedback.

COMMENT: NRC also has rules against retaliation for raising nuclear safety concerns in 10 CFR 50.7. This regulation is not listed in Section 4.2.7 Harassment, Intimidation, Retaliation, or Discrimination-Forms of unfavorable actions taken against an employee for engaging in protected activity. Also referred to as HIRD. HIRD also includes hostile work environment. Additional details are provided in the NIST Zero Tolerance Harassment Policy P 3200.00, Department of Commerce Administrative Order 202-955, Allegations of Harassment Prohibited By Federal Law, the Whistleblower Protection Act and the Whistleblower Protection Enhancement Act.

COMMENT: It is understood that the NCNR facility is smallone of the challenges is ensuring that the ECP is seen as a separate avenue to raise concerns. When the ECP manager reports directly to the NCNR Director, that may be a difficult to overcome the perception that ECP is tied directly to management.

COMMENT: Who is responsible for the actual investigations for the concerns that come into ECP. The language in the procedure is vague, that states: Facilitates resolution of concerns by referring concerns received by ECP to others for evaluation and resolution as appropriate.

COMMENT: The program states that it is the personnels responsibility to report concerns without the fear of reprisalhowever, its the managers responsibility to ensure that personnel feel safe from reprisal. Maybe the program should state that it is personnels responsibility to report?

COMMENT: It is not clear to the staff why other methods of reporting are listed in this procedure, which is about the ECP. Also, the staff believes that using the term preferred method of reporting. may lower the ECPs credibility.

COMMENT: The ECP is supposed to be independent from management. 4.6.1.3 Independence

• Evaluations of concerns received by the ECP will be conducted independently from the Concerned Individual's assigned work group, and other individuals implicated by the Concerned Individual's specific concern. This may require review from NIST management levels in order to maintain independence.

COMMENT: The staff notes that typically the ECP maintains control over the investigations. NCNR is so small that assigning it to others may cause conflicts and make confidentiality difficult. Also, will each person that will be assigned an investigation receive training at the NAECP on how to investigate employee concerns?

After receiving a concern and completing the intake process, the ECP Leader shall assign the concern for evaluation. The individual responsible for evaluating the concern shall be independent from the concern.

Travis L. Tate, Chief Non-Power Production and Utilization Facility Oversight Branch Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission

Office: (301) 415-3901 Cell: (301) 801-5844

Hearing Identifier:

NRR_DRMA Email Number:

2533 Mail Envelope Properties (PH0PR09MB8649447B5485E85D2F094D14F4D42)

Subject:

NRC Comments - NIST ECP Sent Date:

6/24/2024 4:41:37 PM Received Date:

6/24/2024 4:41:41 PM From:

Travis Tate Created By:

Travis.Tate@nrc.gov Recipients:

"Dori Willis" <Dori.Willis@nrc.gov>

Tracking Status: None "Brian Lin" <Brian.Lin@nrc.gov>

Tracking Status: None "Holly Cruz (She/Her/Hers)" <Holly.Cruz@nrc.gov>

Tracking Status: None "Patrick Boyle" <Patrick.Boyle@nrc.gov>

Tracking Status: None "Carleen Parker" <Carleen.Parker@nrc.gov>

Tracking Status: None "Juan Arellano" <Juan.Arellano@nrc.gov>

Tracking Status: None "Kevin Roche" <Kevin.Roche@nrc.gov>

Tracking Status: None "Adams, James M. (Fed)" <james.adams@nist.gov>

Tracking Status: None "Newton, Thomas H. (Fed)" <thomas.newton@nist.gov>

Tracking Status: None Post Office:

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