8 NRC can take enforcement action with respect to fitness for duty only if there is a specific safety problem, for example, if someone is drunk in the control room at a given time and safety is jeopardized, or if a particular safety problem resulting from poor maintenance can be traced to a failure in the fitness for duty program. This approach is reactive and fails to emphasize prevention. I should mention that while there is no comprehensive reporting requirement, the Executive Director for Operations recently approved a revision to NRC's regulations that would require licensees to report discovery of criminal acts including illegal use of a controlled substance, on a case-by-case basis. Furthermore, the staff is planning for a long-term inspection program beyond the limited sample being examined during this eighteen-month trial period. However, even if problems are discovered, the Commission can take no enforcement action. regulatory actions would have to be based on existing statutes and regulations. The policy statement adds nothing to the substantive law. Any The policy statement cannot require the licensees to comply with the industry-developed guidance. Futhermore, since the industry guidance is not mandatory or prescriptive, the utilities can pick and choose what they want to include in their fitness for duty programs. It is essentially a catalogue of possible approaches to alcohol and drug abuse programs. It does not take 9 a definitive stand or establish a standard in many areas, such as: use of investigations and other pro-active measures approaches to chemical testing criteria for audits, and written procedures to define proper actions and assign responsibilities. Despite these shortcomings, the industry guidelines do contain useful information which could be a starting point for a more comprehensive effort to develop a national standard. Although there are some limited rules regarding employment of individuals with drug and alcohol problems, there are no NRC regulations which require utilities to take preventive measures to counteract the abuse of drugs and alcohol at nuclear power plants. As a result, the NRC has essentially left it to the nuclear industry to regulate itself. For its part, the industry developed voluntary guidelines but has prescribed no standards for the prevention of drug and alcohol abuse. Thus, there is no law, no regulation, no national or industry standard, which requires nuclear power plants to protect against drug and alcohol abuse. Based on data reported to the Nuclear Regulatory Commission (NRC) and either Reported incidents have involved both onsite use or possession of drugs and personnel reporting to work under the influence of controlled substances. Marijuana was the most frequently reported controlled substance involved in these events; however, incidents involving amphetamines, cocaine, hashish, phencyclidine and methaqualone have also been reported. Given the alarming increase in reported drug-related incidents, the wide range The Task Force is also collaborating with other members of the NRC staff to explore several regulatory approaches to the drug problem. The information obtained from the series of utility visits will be factored into the results of the inter-office efforts. This information notice is provided as an early notification of a potentially significant matter. It is expected that recipients will review the information for applicability to their facilities. No specific action or response is required at this time. If you have any questions regarding this matter, please contact the Regional Administrator of the appropriate NRC Regional Office. Attachment: Recently issued IE Information Notices UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 March 10, 1982 SSINS No.: 6835 8202040104 IN 82-05 IE INFORMATION NOTICE NO. 82-05: INCREASING FREQUENCY OF DRUG-RELATED INCIDENTS Description of Circumstances: Based on data reported to the Nuclear Regulatory Commission (NRC) and either published or to be published in the Safeguards Summary Event List (NUREG-0525), the number of drug-related incidents in which licensee or contractor employees were arrested or terminated has increased dramatically in the past year. During the last 5 years, the increasing trend is as follows: two in 1977; none in 1978; one in 1979; five in 1980; and twelve în 1981. Thus far in 1982, Regional Preliminary Notifications dealing with at least four new drug-related incidents have been issued. The reported incidents implicate a range of licensee or contractor personnel, including personnel in construction, operations and security. The reported incidents are widespread geographically, and involve power reactor sites in each of the five NRC regions. Reported incidents have involved both onsite use or possession of drugs and personnel reporting to work under the influence of controlled substances. Marijuana was the most frequently reported controlled substance involved in these events; however, incidents involving amphetamines, cocaine, hashish, phencyclidine and methaqualone have also been reported. Given the alarming increase in reported drug-related incidents, the wide range of personnel implicated, and the pervasiveness of the reports on a national basis, the Office of Inspection and Enforcement (IE) has established a Drug Abuse Task Force to address the problem on a generic basis. IE has given top priority to the prompt and effective development of a generic approach to the problem of possible drug (including alcohol) abuse by licensee or contractor personnel. As such, IE solicits relevant licensee experience in this undertaking. Teams from the Task Force are presently gathering information in a series of visits to selected licensees to discuss the drug problem and possible generic approaches that would best address the problem. The Task Force is also collaborating with other members of the NRC staff to explore several regulatory approaches to the drug problem. The information obtained from the series of utility visits will be factored into the results of the inter-office efforts. This information notice is provided as an early notification of a potentially significant matter. It is expected that recipients will review the information for applicability to their facilities. No specific action or response is required at this time. If you have any questions regarding this matter, please contact the Regional Administrator of the appropriate NRC Regional Office. Attachment: Recently issued IE Information Notices |