NUREG-1499, Responds to Expressing Dissatisfaction W/Nrc Implementation of Enforcement Policy Wrt Protection of Individuals Raising Safety Concerns at Npps.Commission Focusing on Discrimination Cases & Issues
| ML20134F022 | |
| Person / Time | |
|---|---|
| Issue date: | 10/18/1996 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Lochbaum D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20134F025 | List: |
| References | |
| RTR-NUREG-1499 NUDOCS 9611040222 | |
| Download: ML20134F022 (8) | |
Text
'
- h UNITED STATES
- [' 4 0* NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 205 %-0001 e
October 18, 1996
,/
4....
CHAIRMAN Mr. David A. Lochbaum Nuclear Engineer 2010 Roswell Road, Apt. 2887 Marietta, Georgia 30068
Dear Mr. Lochbaum:
I am responding to your September 2, 1996 letter, in which you expressed dissatisfaction with NRC's implementation of its enforcement policy, particularly with respect to protection of individuals who raise safety concerns at the nation's nuclear power plants. You also took issue with a statement by our Director of Enforcement in his August 9,1996 letter to Mr. Paul Blanch concerning NRC resources to investigate allegations of
'frongdoing associated with 10 CFR 30.7, 50.7, and 70.7 and asserted that the staff is reluctant to take enforcement action against individuals in discrimination cases.
The Commission recognizes the importance of the i: .es you are raising and is considering ways to focus agency resources more appropriately on high priority discrimination cases. Our goal is to place greater emphasis on the NRC '
staff's investigations of discrimination issues and the enforcement of the employee protection regulations when allegations of discrimination are substantiated.
The NRC, like all government agencies, has limited resources and must prioritize issues in order to best conduct its mission. The priorities for cases involving alleged discrimination were recently revised as a result of the " Reassessment of the NRC's Program for Protecting Allegers Against Retaliation," NUREG-1499 (January 1994), which I have enclosed for your information.
The Commission continues to evaluate initiatives to improve its handling of discrimination cases as a result of ongoing studies. The General Accounting Office (GA0) has been conducting an audit of the way the NRC and the Department of Labor handle complaints of discrimination raised by employees of the nuclear industry. The GA0 is expected to report its findings by January 1997. Concurrently, an NRC team recently completed a review of the handling of allegations of discrimination at Hillstone over the last ten years. The team's report is to be issued shortly. [
These efforts are expected to lead to improvements in the handling of investigations of discrimination cases and in the timeliness of related enforcement actions. However, these improvements do not necessarily mean that enforcement action will occur in every substantiated instance of 9611040222 961018 s ,
RE EkEPDR fldNIL j$ l vb EOS h0S U
- discrimination. The Commission's Enforcement Policy does provide that enforcement action is normally taken when discrimination is substantiated.
However, under Section VII.B.5 of the Enforcement Policy, the NRC may choose not to take enforcement action in certain instances in order to encourage prompt settlement and to foster broad corrective action to reduce the potential chilling effect at a licensee's facility.
Additionally, the Commission considers the raising of safety concerns to the NRC an important issue, and we seriously consider and give appropriate attention to concerns raised. The NRC recently issued a Statement of Policy,
" Freedom of Employees in the Nuclear Industry to Raise Safety Concerns Without Fear of Retaliation," dated May 14, 1996. I have enclosed, for your information, a copy of this policy statement, which emphasizes NRC's expectation that licensees and other employers subject to NRC authority will establish and maintain safety-conscious environments in which employees feel free to raise safety concerns, both to their management and to the NRC, without fear of retaliation. The NRC has the authority to investigate alleged discrimination and take enforcement action against licensees, contractors of licensees, and individuals who are found to have unlawfully discriminated against employees in violation of NRC regulations. The NRC staff has taken '
enforcement action against individuals in certain reactor and materials discrimination cases. We will continue to do so.
The Commission appreciates your comments and your concerns about protection of nuclear plant employees who have safety concerns. I want to assure you that the Commission is focusing increased attention on the handling of discrimination cases.
Sincerely, b
Enclosures:
- 1. NUREG-1499
- 2. Statement of Policy
i t<
l i
4
) NUREG-1499 l
l
, Pteassessment of the NRC's
! Program for Protecting l l Allegers Against Retaliation l
l i
i l
l U.S. Nuclear Regulatory Commission i
f Review 1bam Report l
l i Q,e s,,t6) 1 l
4 I Enclosure 1
_ _ . _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ . _ . . , _ _ . _ . _ _ _ . _ . _ . ~ _ . _ _ - . . _ _ _ _ _ _ _ _ . _ _
34338 Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Notices Freedomof Employeesin the Nuclear ' Itis retaliation is naman=ptable and industry To Reise Selely Conoeme unlawful. In addition to tne hardship j mused to the individual employee, the
' Wigiout Fear of Rotalission; Policy 4 Statement Perception by follow woriers that raisingcannarns has resuhed in Aesucv:NuclearRegulatory retahation can generate a chilling ellect Cornmission. that may discourase other workers from Acncee Statement of policy. concerns. A relar*==a= on b
) Part o unployeesto reine concernsis
,' manaARY:The Nuclear Regulatory detri===* to enfaty ra== lesion (NRC) is issuing this policy l
stat.mont to est forth its e atation ,,c., e,,,, , m ,
" I **d I tUNR t ty ri1a=t hilah 'Id"'g' f,',D,
,,,,,,',y, ,,e,,c. *
- "'."*f="'M*2;ro,ess fasi - =,2= ,
free to raise safety concerns, both to eg
- -ame ne.t and
- NRC. r,s -'**dag.,4,,. .-,
a with NRC .
8'I"" 7' be====, as well as with contractors w ,,,,== bchuHa M en wectors and in y a.,io,, g,,,g,g,,sg ,,,g,, ,
nuclear industry.This statement policy statement to addrges the need to is applicehle to NRC octivities ,
.- m g ,,,,,, g of all NRC H-- and their withregedAfasewhg@ -
contractors and subcontractors. ,,,,cio,, ,,% g, DATeB:May 14,1996. . employees am free to raise salsty POR PURTHeR INpofRAATIoM CONTACT: ennemens without fear of stribution James Lieberman, Duector, Office of (reco===nd=*iana ILA-1 II.A-2, and Enforcement, U.S. Nucleu Regulatory II.A.4).Ch February 8,1995, the remnminaion Washington,DC20555-- en==Im=lan eAer ceneidering those 0001.(301)'415-2741. m===d=*ia== and the bases for them peliebed for a=====* a proposed suppl.an.surrany esponesAfion:
policy statement,"Fueedom of "A- '
Emp in the NuclearIndustry to NRC Hn====== have the prunary Raise ComoernsWithout Fear of s-rNiity to ensure the safety of Pa*=H=*ia= "in 8,19 the Fede,ral 5). Eagleter (60 nuclear operations. LlanhRostion and FR 7592, esfety N proposed N coEununicatian of private concerns 8 and the of gemented aa==a-a=
citisens end.ispsesentatives of the employees to raise such concerns is an integral ofcarryingoutthis 8='h'*'y concerning both the policy l statement and NBCandDepartneemt of j uty. =. N mose -
Labor (DOL)r '
4
~ A the poet,emp have raiend im issues as a sesult,the signiacent casaments seleted to the i health and enfety hee benented. contents of the pelley stateneemt l Ahhough thera==lasia= reongnises Iscluded. i that not every'eaan=rn reised by 1. N sisteessat would discounage Arma bringing employees is safety magniac ne ar, for ISCbecenseit that matter,is valid,the em==t,= san theirconcerne to 4 aaarlad== that it is important that Providedthateenployees should normeMy provide a==a=== to the licensees' =.n gn==ne a=e=hh=h sa licsomes prior to or- "y 4 enviennment in which asisty issues are .
I with cousing to the NRC.
praempdtl id=atlAmet and ellectivelyandin 2.'Ibe use ofwhich a holding period shouldfeel employees moolv be et the discuetics of the and free to raise concerns, in notbe considmedby the hundreds of concerns are oftime resolved dailyin the nuclear evaluatingthe l raised 1 ladustry, the Co==ia=la= on occaelon, licensee's anelan 3.N poucy statementis not needed j woolves sports ofindividuals being to estebush an anwh====at to seine wtaunted ogninst for raising concerns. concerns if NEuses hs histhority to
g=4==a=*= by ehoushame this Policy sessumment the terms enforce adell Ig d crhainal ===r*ia=
civilan nmens.- asssayannamma"and sehty psahlam" sehr to pan. eW ar accent lauses wishin against wlMB distelmindB.
theem's partedluuan levolv6se , 4.h desteiptien elemployee
"""'*"as progreams and the of ;
^-'-s'-'- and mismus. whouards.
esh.,mener mi u simeses"ac.
N '
r**em*e'd activiums, contratters was too pmeariptive' agu n I
Enclosure 2
1 i,
+ 24337 Federal Regneter / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Notices j Operations (54 FR 3424, January 24, "exmpt in limited fact-specific 1969), management must provide the sxpedstions anamrning oversight of l contradors were perceived as the situations" would not absolve leadership that nurtures and maintains
! employees of the duty to inform the the safety envinna===t.
imposition a of new requirements without employer of matters that could bear in developingon this policy statement.
z= to the Alminlahative public, including worker, health and Procedure Ad and the NRC's Backfit the ran=lesionconsideredbneed safety has been deleted. However, the for:
Rule,10 CFR 50.109.
5.De need for employee can=ns policy statement expresses the (1) 1.icensees and their contractors to Commission's expedation that establish work enviran= ants, with Programs (ECPs) was questioned, including whether the ECPs fostered the employees, when coming to the effective NRC, processes for
, should normally have provided the identl8 cation and ution,whose development of a strong safety culture.
6.%e suggestion for lavolvement of concern to the employer prior to or employees feel free to raise mn=ns, j senior -- . ~ in nesolving contemporaneously with coming to the n.ne and to the i
both NRC,towithout their ==nagf fuer o :=*=Hael-;
discrimination complaints was too NRC.
pseemiptive and that decisions on Statement of Felicy (2) Imprwing contractore'sweseness i
eenior ===g====* involvement should of their responsibilities in this ame:
j' De purpose of this Statement of .13) Senior menessment of Hm====s be decided by Ikansees.
In =Asitian two public moeungs were Po is to set forth the Nuclear and ea=*=et=e to take the Corn =taaion's 'on uty for assuringthat mass of held with supresentatives of the Nuclear m :'id=ina*ian are appeopriately Energy Inmatenen (NEI) to discuss the lia====== and other em alleged d a=tahlfah policy statement. Sununaries subject to NRC authority innstigated and maled;and meetings along with a revised and maintain a safety-conscious work (4) Employees in the segulated of environment in which employees feej industry to escognies their Poucy ses*===* proposed by NEl were induded with the comments to the free to raise concoms both to their own --V hty to taise safety ma=us to
' licensees and their right to raise management and the NRC without fear policy statement filed in the Public of retaliation. A safety-conscious work N'en==t Roosa (PDR). 'nn=ns to the NRC.
environment is critical to a licensee's M8 PoHey matman his policy statement is beingissued after considering the public comments ability to safely carry out licensed *mP oyers, including h,t is dimm l a a-and their and coordinadon with the Department activities. contractws, suW to NRC authwih, of Labor. The more signif cant changes This policy statement and the and their employees, it is intended to princip,es set forth in it are intended to minface the principle to alllicensees included' and other employers subject to NRC
' 1. De policy statement was revised to apply to licensed activities of all NRC licensees and their contractors,* auewly est en act dretaHation =
clarify that senior management is f arpare=d to take sosponsibility for although it is recognized that'some of discnsninauen againa en eenployee fw j
assuring that asas of alleged the suagestions, programs, or steps that raising a pnem=*ial esidy canarn is not
'tely might be taken to improve the quality of only unlawful but uney adunely imp l discrimination are ap *I *ed D * " " " * "" P ""' "
ind'* and reso v as opposed to the work environment (e.g.,
i being personally involved in the establishment of a method to raise %*P oyees whe raise concerns sarn an l im t mio in potential resolution of these matters. concems outside the normal
- management structure such as an issues.Rus,the cannot and
- 2. References to meinemaanca of a l
" quality ca==elana environment" have t concerns ) maInot be in "*' 88I"8' 8""'"" '8'I"'I I emMofor very a=%===== that e ete m pt m carry mit l
been changed to" safety-moscious enviremment" to put the focus on safety, hve only a few employees and a very "ym loyen Q8 tty toidentify pokr 1
l 8 3.De policy statement has been ,g,{g,,,maEt se mised to emphasise that while g e Comm structurebelieves that the
- NRC ty corns may p1 safety-en Yi come from witnin a llama k 's wiu as ==== tad kinedgate ausgedensest employese dlicammes or6eirontmoton haw i conscious enviven= ant. th* been discrimineasd egnenst for salaing
' *=aahHah===* of altsemative programs is organisation (or the organisation of the not a m Honese's contactor) es casamunicatedanan=== and to teks enforonmentDe action 4.The ve=*===at continues to and demonarendby Deanm and " if discrh=1==*aa= is m'=*==*i=*=d licensees
- 1; - -Nuty for =iaar r===lasian has , , ,_
controdor should recogniset manag==he value of allmotive mguledons to consnectm.Ms is not an" ny emi m7).Undw l .
" Howem,the policy for pmblem identiacation and (m, e.g, a i -
statsunent was revised to provide that @n un? ^=> the negative., -- m of ae nnegr
- eni.mosnomi deci. ions egnast u a.- e,,,,,,otan,,&e,e,ce,oon d
~
Yiaboralso 1 '*"""
l rEch ags " pP iY" . 7i , , , , 7 d ,
has es maeorly toinnsdgam es the salatlanahlp between the licenne that muhiple chmanale exist for raising counP l aints of discri=I==sina and to j of sadcontractor,the _ - concerns. As se Counmission nadad h its M69 Policy Statement on the the ua=na=='s oweight of the -8""*f""""
i contractor's mes -a and its setempts to Conduct of Nucl=ar PowerPlant ,,,,,, .n:' f "'f,,*m e a"$.
'***'d=*m*e =
] in-sugma and mea = *e maer. - .mei.,= = * . ""
- L To avand the P="" . m i.sha. on.N.u ih. = = -n a diu==ame= ==r j by some comumenters policy that ii.d gsuggested u 4ce - enn et emesammensewon shs NaC.N NBC statement neight eniployees .nsoresm i.h htm.etammtesteset==.pu- eft 8"" " k""" """" "E 8"' ' ' *""
passmal suanden Ier die indMdmalI
} NRCIf the and* # CFE Pam h Wa**8""
j from :=isingannamns to includes conusesses and subonneenters of NRC ser Almg emmpbelman ensk the DOL and submuths j employee is concerned shout setsg,gon licensens and applienes esamed er employees .n.p == bycan he immed en NFC Fwm 3 which
, 6,n aninx21 eribe taesy semesaissues Act ticeusses en sat *=d to P*-
i by the employer,the statement that orsen. an=nded.
reporting concerns to the Commission l
1 3
i --, . -. .. - ---__ _ . _ . --
r l
. 34338 Federal. Register / Vol. 61. No. 94 / Tuesday, May 14, 1996 / Notices directly to the NRC.s Training of addressing concoms are arr==ible*
Provide a pereocal remedy to the credible, and e5ective.
employee when discrimination is found supervisors may also minimize the to have occurred. potential percep*1on that efforts to g g4,9,,yp !
no NRC may initiate an investigation reduce on varioj may causeoperating supervisors toand maintenance be less ,pp costs . help % g eful insights ,
cven though the matter is also being pursued within the DOL process.
McePtive to employee concoms if that at % h -
Y identification and resolution of 34 However, the NRC's determination of concems involve sigmficant costs or tgc PQg g,,,
whether to do so is a fundice of the priority of the case which is bened on its schedule delays. ofdl5menuPPW, M w-Inantive programs may provide a (1) An "open door" policy that allows pa*==*1=I merits and its sigsdfirmaa relative to other ongoing NRC highly visible method for demonstrating
====g===ne's ran=itment to safety, by hemgicyee manager; tobring the concern to a in. Y-- * -
rewardag ideas not based solely on EEenisePressenes forPrehism their cost envings but also on their (2) A policy that permits employees to i.na.aan== a== ami W xxatribution to safety. Credible self raise concerns to the licensee's quality
- = of the enviran===t for assurance group:
Ucensees beer the primary (3) An combudemen program; or
. , "hty for the safe use of nuclear raising gocorns can contribute to effectiveness by'svaluating the masereals in their various lin====ri (4) Sans kna of an employee and timeliness of problem ""n* Propam.
activities.To carry out that
""^- , liconeses need to receive on. Self-=======a#= can also be
%e success of a licanese alternetin
=neidamesan of nonn.,ns as used to determine whether employees Program for concerns may be inSuened i
problent st==*ine=*iaa and believe their concems have been tely addressed and whether by how =ar==ihl= the program is to resohstion processes are sesential to employees, priori'hetin= processes, e ernp yees feel free to raise concerns.
ensuring safety.hus,the mnmi=. inn 8 , c ' ==
ons to protect the expects that seda lir=a- will establish When problems are identi8ed through identity of trop yees including the self essessment, prompt corrective reportingissues with a esisty-conscious enviran-t where ability to allow eenployees ars ===q: ' to raise action should be taken.
Licensees and their contractors anonymity, and renomoss. However, the f raa=an and where such concems are Prime far*ars in the success of a given reviewed, given the proper should clearly identify the p.e -- '
Prospam appear to be desmonstrated Prom that employees may use to raise Priority on their potential safety management sup and how sigalacanos, and ap ' tely resolved <=ar=rns and employees should be * -
with thmely to employees. encouraged to use them.%e NRC , timely on'the appreciates the value of amployees follow-up and resolution of concoms A esisty conscious enviraamant is using normal promanes (e.g., raising .mised by employees uney be a neccesary miniosood by'a ====g===at attitude issues to the employee supervisors or element of these proyeses.
that prenotes eenployee con &dence in managers or Eling deficiency mports) raising and reentving concerns. Other his Policy ne=a===ne should not be cttributes of a work place with this type for Problem identi8 cation and interpreted as a requir====t that every resolution. However, it is important to cf an enthosument any include well. liconese ====hlia ale ===eive proyams that the fact that sonne
'_.:'- for am do not desire to use the , forraisingand annaarns, i.f "d systems ' ;probleans or a diroming line managesnent praa,=== does I i<=a- abound the need for rumoumes -- " j y,e5setive not mean that these employees do n' t o providing =1a====*ive seethods for
-=s,=esan, among various have legitimate concerns that should be reistasconcerns that can serve es
',====='s captured by the lir-=='s resolution laternal"secspe vehes"or"esisty li
-- .or elemeens of the
^'
= for y the Processes.Nor doesit mean thatthe nets."
- e- " --" mightinclude sharinginfersnation and ,
root meses ofide==*ihet prah and "a""*1 Processes am not s8 amin. Even the number of Q^ - the comiplexity of _
in a lygood envhomnent, nonne and managerswith an open hasants,and the history
^'
' ettitude,a focusen an may not always be .
in raising a=== through made to the NRC erllasness.
emisty, and a ' ve orientation toward com the normal chan==la From a safety akselve abernative for l correcting pawnnel identifying and cancerns may j adanisties P88ePective,no ==ehr=4 of raising errors. eseist lin===== in ==i=*=aning a safety- l Potential salsty concerns should be Initialand periodk;trabing raa=r4== envisonment, the .
yiThus,in theinternet of A= ,
(Lacl> Jag aames=rane tmining) for both having concerns raised,thee,===s=1,m raamlantaa by seeking the sugestion q,icyees and sapervisers niay also be absenstive propeans,is l
- " ' " each it<=w to have a dual for =*=hliahl to how such en tempermet laser in schieving a work focuadC On achieving and maintaining not requiring enviremnant in which gunployees feel en enviran===t where employees feel propens.In the ebenano af a.
fue to rules concess.km addition to ime to raies their concems directly to .,
^ haposed by the i
their supervisors and to 11<=====
. em==s=i=m. the ==s=hhh==ae and commund._nating ---- 8,-- g-u,, e ,,gg go, frunework of shornettve proyams are i y ', and (2) on ensuring that
- tioih empervison unployees options ~~ -
ahernate means of raising and discationary. t
! for lan==etar=*ia= Rio would use of lia====,'s internal *In emulaping them k is impansat br l l '7'*i" '8 *I a'Pweimm la tboelm of alsing a espass au pummuni )
pran=== es well as providing concerns comenens and the use et ausresuse inneraal numer unumsmo to be j i salary ensames. ust ) mat esseuses seinend to "snisty.
g Pmmanus may annismiss the a -en a that can be suissed"assivitin esemed by le(FE Plot es, ,
< asumsed whos . _ - g=r4 ily trat time l j *The 9Eand DOL base amamed inesa Appendia B. Per ammpia. asummes sulatens to honummmessa of Undesusanding to heillesse empervisers, puestse employees as "prehlem sehemmen.and- n a pi-a-=i- i employess if the empi.y s. In misins cameras. __
- r- -= - has==sa the ap-,4 - (4r rm senes: t,rness einachsin or -a - is we ns.he a menand.
ti--=*- 3. isent
r-'^ ~ - - - - - -- - - ---- - - - - ~~' ^ - - - - - - - - - - - - -
24339 Fedcrol 8--M;r / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Notices environments, licensees should work place and is in the best interests improving Contraders' Awareness of of both the limnsee and the employee.
" ~ ^ - - consider taking action so that:
Their * ~ For these reasons,the Commission's (t) Each contractor involved in The Commission,s long-standing licensed activities is aware of the enfontament polsey provides for c ad contin be t applicable regulations that prohibit consideration of the actions taken by r**Pocsi discrimination; licensees in addmesing and resolving complianm with NRC requirements' (2) Each contractor is aware ofits issues of discrimination when the won if Hana== use contractws fw responsibilities in fostering an Commission develops enforcement environment in which employees feel sanctions for violations involving Products or services related to heensed free to raise concems related to licensed discrimination. (59 FR 60697; November activities 3us, Hoensees am ble fw having their contractws activities; 28,1994).
(3)The limnses has the ability to In sosne esses,ma t may End ntain an environment in which contrador employees are free to raise oversee the contractor's efforts to it desirable to use a h penod, that encourage employees to raise concerns, is, to maintain or restore pay and concerns without fear of retallation.
Newtheless,certain NRC pmvent discrimination, and resolve benents of the employee aHeging
--ts apply directly to allegations of discrimination by retallation, pending reconsideration or contractors ofliensees (see, for obtaining reports of alleged contractor resolution of the snetter or pending the unsaple, the rules on denberate discrimination and associated outcome of an inz w an by the
=lannaduct, such as 10 PR 30.10 and investigations conducted by or on behalf t of Labor 330L).This 50.5 and the mies on rervting of ofits contractors; conducting its own h period may calm feelings on.
deless and na===plia asin to CFR investigations of such discrimination; site an could b used to demonstrate Part 21). In particular, th; cornmission's and,if warranted,by directing that management secouragssment of an remedial action be undentaken; and environsw.t mnducive to raising prohibition on disalminating against employees for raising safety concerns (4) Contractor employees and concerm. By this approach, appHes to the contractors ofits management are informed of(a) the managsunet would be acknowledgmg licensees, as well as to licensees (see, for importance of raising safety conmms that although a dispute exists as to and (b) how to raise concems through whether discrimination occurred, in the example,10 CFR 30.7 and 50.7).
Accordingly,if alicensee contractor normal processes, attemative internal interest of not discouragmg other discnmmates against one ofits processes, and directly to the NRC. emp oyees from raising concerns, the employees in violation of applicable Adoption of contract provisions em oyee involved in the dispute will Commission rules,the Commission covering the matters discussed above not ose pay and bene 8ts while the may provide additional assurana that action is being reconsidesed or the intends to consider enforcement action against both the liconese, who menains mntractor employees will be able to dispute is being resolved. However, inclusion of the holding period responsible for the environment raise concems without fear of maintained by its matractors, and the retaliation. approach in this policy armaammat is not intended to altair the existing rights of employer who actually discriminated the employee. In considering I"*I****t *I S*"i*' *""8""' 8" either the Ucensee or the unployee, or ca== of AHeged macruni==e=n be taken as a duection by, or en w enforosnient actions should be tahen against licensees for contractor The Commission reminds licensees of ei,parention of, the r===i-la=, for their ob on both to ensure that 1t===== to the holding period actions, and the nature of such actions, the eenployee med the the NIIC intends to maaider, among actions askinst employees, concept.For hda- personnel actions by
- "' - " = in a holding other things, the relatianship of the eenployer,Ette' conditions of a specific contrador to the particular lim =- and contractors, who have raised onarns period usu have a well-founded, non- case is enthely val ==eary.
its ll===d activities; the A limn- may conclude,aber a full discriminatory basis and to make clear m=hleness of the licensee's oversight of the contractor envuonment to all employees that any adverse action review, that an adverse adion a for raising annassas by ==ehad= such as taken against an esoployee was for esoployee is warrensed.71hs em =l-lan recopises the need for licensee's soviews of contractor policies legitimate, non<ilscriminatary ma 11==== to take asion when justised.
for raising and resolving cancerns and if ernployees allege retaliation for engaging in protected activities, senior ra==lamian regulations do not render a ;
j sudits of the effemiveness of contractor beansee management should be advised person who improtomed )
ellerts la carrying out these policies, acti knenune * - or inchuHay __ n and training of of the matter and assure that the
- === fag heat non'-
" is disci eenployees and supervisors; the appropriata level of = J - - lar facts involved, reviewing the particu ===ad== eta == (see, for linsness's involvement in or and evaluating or reconsidering the example,10 CPR 50.7(d)).*lho
- %, to psevent the rm==l==ta= enpocts h-=- to make dEriminnainne and the licensee's efforts salon. The intent of this policy statement is personnel dariana== that are arm san ==t
'" to the particular "
and that in _ __ition of'discrl=fantion, including to emphasise the importance of I'""" with reguistory allegu
====g===a' taking an active role to whether theum==== reviewed the iwhen other smylsynes less that the ladividual contremor's in. " ^% conducted its promptly resolve situations involving who was the melpen of as adeuse aussa may on,'or took :==aa==hle alleged di~,:rimination. Because of the a
> own in cosaplex nature of labor-manessment how eesssedingy,,tt m,,,r g he asion to a remedy for any relations,any externally-imposed g,,,,,,,,,,,,, ,,e, ,,,,,sy ,,4 inesi action and to reduce di / _ thsa m mensyssena sevissed eks aN=ces resolution is not as desirable as one potential achieved internally. 'Ibe Cosnmission maesrand w shstasennen = =
Contremore i===== have been
=====meds) the asins was anja g, involved in a number of disalminneton emphasises that internal resolution is ' ,
l employees. the licensee's responsibility, and that %'"",",',',",",,'",,F,_ , ,,u,,, to
- cosnplaints that are made saanween ths= to miss issues. Tids may adma la the interest of ensuring t their early reeolution without government involvement is less likely to disrupt the any passpanen that manusteen escuned contractors establish safety-conscious
\
i
- 14, 1996 / Notices Federal of 'er / Vol. 61, No. 94 / Tuesday, May i 24340 i
The Commission's expectation that promptly and effectively aJdress the I will-hanan the eNediveness and matter.%e NRC should nonnally be employees will normally raise safety viewed as a safety valve and not as s enfety of the licensee's operations. concerns to their employers does not substitute forum for raising asisty
, . ..... j W g mean that employees may not come ranmens.
l directly to the NRC. %e Commission 1
hispo statsenent has been issued encourages eroployees to come to the to highlighyt imn====' existing
! s seanhasiand above, the NRC at any time they believe that the j , = ' -d a*yi for ==ine=laing a safety. Commission should be aware of their obligation to vanintain an environment ran=ciana environment rests with conarns.io But, while not required, the in which employees are free to raise i - ' However, Commission does expect that employees concerns without resalt=*ian b licenses -
j employees in 'he t nuclear industry also normally will have raised the issue with expedations and sugestions anatalaarl 1
mu*ia= in this ares. As a the limasse either prior to or in this poucy =*=*==However,if a==8 (o no
- have general_ _[m_inciple, h e7 ' % coatser _ =ly with condag to the new requhements.
naranHy exposes empWin tim iicenses has not estabBabed a seisty-J NRC. %e Coraml==lan cautions raa.,4ana envira====e as evid=amel by i
nuclearindustry to raise safety and licensees that complaints that adverse retaliation against en ind'-idual for l j conipliance conossas disectly to action was taken against an employee licensees, er ladisedly to licensees for not bringing a concern to his or her la a protected activity, I through contradora, bomune lima ===, w theacdvi involves providing
! employer, when the empylobrought or the NRC, j and not the e -ame== lam. bear the the comarn to the NRC, wus be closely information to the
~uty for esis operation scrunat=d by the NRC to determine if appropriate enforament action may be i
primary cfguclears _ _ blini == and safe use of taken against the Heensee,its 11,== ,and enforcement action is warranted for contractors, and the involved individual f nuclear materials.:n discrimination.
not the NRC,is usually in the best Retallation against employees engaged supervisors; for violations of NRC i position and has the detailed knowledge in protected activities, whether theY requironants.
of b speciac ans and b have raised concerns to their employers b Conuni== fan recognises that the i
resources a pranptly and or to the NRC, will not be tolerated. if actions discussed in this poucy j ith tr=rwens raised by adverse action is found to have occurred suta==at will not nar===rily insulate (ffectively employees.
w%1s is =arehar reason whybecause the employee raised a concern an employee fran rauhadon.nor will l
% cmami==lan expects Umn==s to to either the NRC or the hcensee, civil by removg aH pesonalcost abould b
==8=hle=h an enviran==nt in which and criminal enforcement action may be employee seek a personal remedy.
employees feel free to raies concerns to taken against the licanese and the However, has amoures,if adoped by ble for the licensees, should improve the
! h Econeses eh====1v.s. Person Emp'* have a variety > = - -va-= for raisa.g-c ,rees C m1 e.,ia.. .of means to l . . p.ied et sockvule, Maryland, this eth day
- Saanenary l eenployees reise concerns to them, such of May, tees.
j e ne mamissian, that NRC as employanant controds, employers' For the Nuclear Itapdesary rh==l= ion.
licensees willestab safety-conscious and , a
- m, and certain envirosunents in which employees of John C. Boyle,
^- la fact, many sacrose.ryofshe e===A-=
aa employees in the nuclear industry have 11ama===s and lima ==a contractors are j
free, and feel free, to raise rnar=rns ,to [PR Doc. 96-13038 Fund 5-13 es;s:45em) j been =parismily hired to fulall NRC ' - ' and to the NRC , , , ,,,, w their
- gts thatliconesesidentify vial =*ia== and esfoty without fear of retaliation.
g of theseinclude many 1.imosses mustensure that
. issues.Exces ; *"m employment edians against employees esspioyees namnhare i
who have raised concerns have a well-
! spielity asemence ==stinela= protection, founded, non-discriminatary basis.
! and security edivities. In addition to When allegations of discrimination arise j individuals'who ap.eaa,=lly perform in licensee, contractor, or enhannovector l
functions to meset -ana ing organisations,theem =s=mian expeos r
Mbe %==8==naa .
, , , that amniar lir====I ====g===a' will l
au manployees to raise sesuse that the appropriate level of concerns to licensees if they identify "isinvolved'to review the i
sinisty leonese so that haeneess een m-
- particular iscw, evaluate or reconsider l address thans befuse an event with the action,an.d where warranted, safety -- e occairs.
j ' remed themetter.
Em oyees also have a role in j 1ge e ,asy pr riasseswy con to a conscious sad
.sm ,w a umsmus is ese employees are 4
is esmessesetpassmas by enviran==nt .
at any time, the
] empesysse er secs-ACOEm ""'"" free to come to the
- am muttes hemeyden h rma-lasian expects'that employees
__,,, g,,,,g,
] will normally reise r=armens with the w shuse in pec spensamme er sec ynnyam.
} est involved 1tr===== becoues the lir====
i insemessinesmenmasemans:e dhamly to h* has b primary responsibility for safety f michlesumeshouldhe and is normally in b best position to
) 0j"",**m'P'*"ua""" h hm -
4 . m -,a ese ne say nas er deauss s ender se arm The ts--*=a-a lasseds to praesca sia idastify pesi as and in as esas er -m-a e ==i mushaus of ledt,6 duals who amme to the pec to the pasasst 1 emedagems,the Gememissima has amt endised shes ansat passibia.See ** ' of Policy on j --r====an==IJssmemes ese smquised by to CFR 39.12 Proescting the identity of Allegers and ConGdsntial le their'a==ra==ahsidy to to tuula anstein sauross.-
s serediasses answy.
j s issnesses i
-. . . . . _ _ _ - _ .