ML20113D777

Submits Ma Inst of Technology Policy Re Licensed Employee Fitness for Duty

ML20113D777
Person / Time
Site:	MIT Nuclear Research Reactor
Issue date:	06/26/1996
From:	Bernard J, Harling O, Litster J MASSACHUSETTS INSTITUTE OF TECHNOLOGY, CAMBRIDGE
To:	NRC
References
NUDOCS 9607030319
Download: ML20113D777 (2)

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NUCLEAR REACTOR LABORATORY AN INTERDEPARTMENTAL CENTER OF h

MASSACHUSETTS INSTITUTE OF TECHNOLOGY O. K. HARLING 138 Albany Street Cambridge, Mass. 02139 4296 J. A. BERNARD. JR.

Director Telefax No. (617) 253 7300 Director of Reactor Operations i

Telex No. 92-1473-MIT CAM Tel. No. (6 #p-4202 June 26,1996 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: MIT Policy Concerning Licensed Employee Fitness for Duty Gew men:

l This letter is provided to you as an item ofinformation. Late on the afternoon of '

6/20/96, both the MIT Nuclear Reactor Laboratory and one of its employees were simultaneously notified that the employee had been indicted by the Commonwealth of Massachusetts on charges of securities fraud and perjury. The employee immediately requested to be relieved of his licensed duties and this request was granted. Notification of this indictment was made to NRC Headquarters that same day.

The charges contained in the indictment have no bearing on or relation to the employee's responsibilities at MIT. None of the alleged activities occurred at MIT and no MIT facilities (phones, computers,' supplies) were utilized in those alleged activities. None  ;

of the alleged activities involved alcohol, substance abuse, or other activities that would impair the employee's ability to perform licensed duties.

MIT policy in this event is guided by the fact that an indictment is not a conviction.

A person is innocent until proven otherwise. We are also concerned that events should not present a risk to safe operation of our nuclear reactor. To our knowledge, a situation such as this has not arisen before, and we have not had in place detailed procedures to respond to it. In consultation with the MIT Personnel Office, we have developed the following response:

l a) The employee's immediate supervisor should confer with the MIT Personnel Office, a Special Assistant to the President for employee-related problems, and a

! senior member of the MIT Administration (in this case, the Vice President for Research). The MIT News Office and the Special Assistant to the President for Community Affairs will be informed.

b) A determination should be made by a physician whether or not the employee is I O under sufficient stress that job performance might be affected. j 3 AN c) The employee should be informed thatjob-related counseling is available at MIT.

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T U.S. Nuclear Regulatory Commission Page 2 d) The employee should be told that any time required for court appearances or conferences with an attorney must be taken as vacation.

In the present situation, all of the above steps have been implemented. As of this writing, June 26,1996, the employee remains on vacation and hence relieved of all responsibilities, both licensed and non-licensed. On June 27,1996, he will probably be seen by an MIT physician and, if the physician so authorizes, the employee will be allowed to resume his non-licensed duties. Upon further discussion and observation by both the Director of Reactor Operations and the Laboratory Director, a decision will be made on the employee's capability of performing licensed duties. The determining factor will be the stress experienced by the employee and its potential to impair his ability. This decision will be reviewed weekly at a regularly scheduled meeting that is held every Wednesday (3:00 l p.m.) to review issues pertaining to operation of the reactor. (Note: No minutes are kept of

! this meeting and none will be kept pursuant to privacy issues.)

We will change these policies if experience indicates that we should do so, and the U.S. Nuclear Regulatory Commission will be kept informed of significant developments in

( this matter. However, none are anticipated in the immediate future.

Sincerely,

<kA 6 ,' .

John A. Bernard, Ph.D. Otto K. Harling, Ph.D. C 1 Director of Reactor Operations Director j MIT Research Reactor MIT Research Reactor Approved by, Y

J. David Litster,'Pli.D. l Vice-President for Research i Massachusetts Institute of Technology

. JAB /CRM

Copy to: K. Hewitt, MIT Personnel Office M. Rowe, MIT President's Office R. Suduiko, MIT President's Office 4