-2 of this guidance, the NRC intends to exercise discretion in enforcement matters related to fitness for duty programs for nuclear power plant personnel and refrain from new rulemaking in this area for a period of at least eighteen months from the effective date of this Policy Statement. EFFECTIVE DATE: (Upon publication in the Federal Register) FOR FURTHER INFORMATION CONTACT: Loren Bush, Operating Reactor Programs Branch, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, telephone (301) 492-8080. SUPPLEMENTARY INFORMATION: BACKGROUND The Nuclear Regulatory Commission (NRC) recognizes drug and alcohol abuse problems to be a social, medical, and safety problem affecting every segment of our society. Given the pervasiveness of the problem it must be recognized that it exists to some extent in the nuclear industry. Prudence, therefore, requires that the Commission consider additional appropriate measures to provide reasonable assurance that a person who is under the influence of alcohol or any substance legal or illegal which affects his ability to perform his -3 duties safely, is not allowed access to a vital area at a nuclear power plant. The nuclear power industry, with assistance from programs developed and coordinated by EEI and the Institute of Nuclear. Power Operations (INPO), has made and is continuing to make substantial progress in this area. A Task Force on Drug Abuse Problems, Policies, and Programs established in 1982 by EEI's Industrial Relations Division Executive Advisory Committee, published guidelines in 1983 to help the industry address the issue of how to establish comprehensive fitness for duty programs. They were subsequently revised in 1985 as the "EEI Guide to Effective Drug and Alcohol/ Fitness for Duty Policy Development" and were provided to all nuclear utilities. A series of EEI sponsored regional conferences in the fitness for duty area in 1982 and 1983 provided a forum for discussion of industry concerns related to development and implementation of fitness for duty programs. Topics addressed at the conferences included union participation, legal aspects, training, and methods for handling controlled substances. An industrywide conference sponsored by EEI in October 1985 provided the basis for additional discussions on fitness for duty based on the current EEI guidelines which had been expanded to include information on chemical testing. As a result of increased awareness in this area, the nuclear industry has worked to develop and implement improved fitness for duty programs. These programs concentrate on the training of managers, supervisors, and others in methods for identifying and dealing with personnel potentially unfit for duty. On August 5, 1982, the Commission published in the Federal in a nuclear power plant are fit for duty. Due to the initiatives a separate notice in the Federal Register analyzing the comments on the proposed rule, and explaining its intent to reassess the possible need for rulemaking after an 18-month period, if circumstances warrant. The following statement sets forth the Commission's policy on fitness for duty and describes how it will execute its responsibilities in this area to ensure the health and safety of the public. POLICY STATEMENT The Commission recognizes that the industry, through the initiatives of the Nuclear Utility Management and Resources -5 Committee (NUMARC), EEI, and INPO, has made progress in developing and implementing nuclear utility employee fitness for duty programs. The Commission stresses the importance of industry's initiative and wishes to encourage further such self-improvement. Subject to the continued success of industry's programs and NRC's ability to monitor the effectiveness of those programs, the Commission will refrain from new rulemaking on fitness for duty for a minimum of 18 months from the effective date of this Policy Statement. The Commission's decision to defer implementation of rulemaking in this area is in recognition of industry efforts to date and the intent of the industry to utilize the EEI Guidelines in developing fitness for duty programs. The Commission will exercise this deference as long as the industry programs produce the desired results. However, the Commission continues to be responsible for evaluating licensees' efforts in the fitness for duty area to verify effectiveness of the industry programs. The Commission will reassess the possible need for further NRC action based on the success of those programs during the 18-month period. At the Commission's request, the industry agreed to undertake . for Duty Policy Development." Further, INPO enhanced its -6 evaluations to include appropriate criteria for fitness for duty. Copies of the documents describing the program elements and criteria for fitness for duty programs developed by the industry are provided to NRC for review and comment. The NRC will evaluate the effectiveness of utility fitness for duty programs by its normal review of industry activities, through reviews of INPO program status and evaluation reports, periodic NRC observation of INPO evaluations, and direct inspections conducted by the NRC's Performance Appraisal Teams, Regional Office, and Resident Inspectors. NRC will also monitor the progress of individual licensee programs. By way of further guidance to licensees, Commission expectations of licensee programs for fitness for duty of nuclear power plant personnel may be summarized as follows: It is Commission policy that the sale, use, or possession of illegal drugs or alcohol within protected areas at nuclear plant sites is unacceptable. It is Commission policy that persons within protected |