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developed PUBLISHED guidelines IN 1983 to help the industry address the issue of how to establish comprehensive fitness for duty programs. AA-Et-document entitled, THEY WERE SUBSEQUENTLY REVISED IN 1985 AS THE "EEI Guide to Effective Drug and Alcohol/Ficness for Duty Policy Development" was-formally-published and-mailed AND WERE PROVIDED to all nuclear utilityIES. Ghief-Executive Officers

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 security-persennet OTHERS in methods for identifying and dealing with personnel potentially unfit for duty.

On August 5, 1982, the Commission published in the Federal Register a proposed rule on fitness for duty (47 FR 33980). The proposed rule would have required licensees to establish and implement written procedures for ensuring that personnel in a nuclear power plant are fit for duty. DUE TO THE INITIATIVES

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TAKEN BY THE NUCLEAR INDUSTRY, the Commission has decided to defer implemertation of the rule subject to successful implementation of fitness for duty programs by the industry as described in this Policy Statement. RC is publishing 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 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

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Commission continues to be responsibility 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 has agreed to undertake a review of the program elements and acceptance criteria for a fitness for duty program. NUMARG-has-requested-that EEI modifyIED AND ISSUED THE REVISED er-supplement, as-appropriate,-its "EEI Guide to Effective Drug and Alcohol/Fitness for Duty Policy Developments." and-EE-has-agreed. Further, INPO has-agreed-to enhanced its performance objectives and criteria for its periodic 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 will ARE be provided to NRC for review and comment.

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:

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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 AREAS AT

en nuclear power plant sites shall not be under the influence of any substance, legal or illegal, which adversely affects their ability to perform their duties IN ANY WAY RELATED TO SAFETY.

An acceptable fitness for duty program te-ensure-a-drug-and ateehot-free-environment-at-nuclear-power-plant-sites should at

a minimum include the following essential elements:

1)

A provision that the sale, use, or possession of
illegal drugs-or-abuse-of-legal-drugs,-on-site
WITHIN THE PROTECTED AREA will result in immediate
revocation of access to vital areas and discharge
from nuclear power plant activities. The use of
alcohol OR ABUSE OF LEGAL DRUGS, on-site WITHIN THE
PROTECTED AREA will result in immediate revocation of
access to vital areas and severe-disciplinary-action,
up-to-and-ineluding, POSSIBLE discharge from nuclear
power plant activities.

2)

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A provision that offsite ANY OTHER sale, possession,
or use of illegal drugs will result in immediate
revocation of access to vital areas, and mandatory
rehabilitation prior to reinstatement of access, and
possible discharge from nuclear power plant activities.

3)

The-ability-of-licensees EFFECTIVE MONITORING AND TESTING
PROCEDURES TO PROVIDE REASONABLE ASSURANCE THAT NUCLEAR
POWER PLANT PERSONNEL WITH ACCESS TO VITAL AREAS ARE

FIT FOR DUTY. demonstrate-and-assure-fitness-for-duty-of

all-power-plant-personnel-by-effective-monitoring-and

testing-procedures.

The industry, by periodic briefings or other appropriate methods, is expected to keep the Commission informed on program status. and-provide-periodie-status reports-to-the-NRG-staff. The NRC may also from time to time ask individual licensees to provide such information as the Commission may need to assess program adequacy.

ENFORCEMENT

Violations of any applicable reporting requirement or instances of a person being unfit for duty such that plant safety is potentially affected will be subject to the enforcement process. Any NRC staff enforcement action pertaining to fitness for duty during this grace period will be undertaken only with Commission concurrence.