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Subject to the continued success of industry's programs and NRC's ability-te meniter ASSESSMENT OF their ONGOING effectiveness, the Commission will refrain from-new SUSPEND FURTHER rulemaking in the area of fitness for duty for a minimum period of two-years EIGHTEEN MONTHS from the effective date of this Policy Statement. While the Commission is deferring rulemaking in this area in recognition of the industry efforts to date, the NRC can only exercise this flexibility as long as the industry programs produce the desired results. NRC continues to have the responsibility for independently evaluating applicants' and licensees' efforts in the fitness for duty area to ensure that the desired results are achieved and for evaluating the possible need for further NRC action based on the success of industry programs during this two-year EIGHTEEN MONTH period.

THE COMMISSION CONSIDERS THE INVOLVEMENT IN ILLEGAL DRUGS BY NUCLEAR-POWER
PLANT PERSONNEL WHO ARE INVOLVED IN SAFETY SIGNIFICANT CONSTRUCTION AND
OPERATIONAL ACTIVITIES TO BE UNACCEPTABLE.

THE COMMISSION EXPECTS THE INDUSTRY PROGRAM AND EACH APPLICANT AND LICENSEE TO PROVIDE REASONABLE ASSURANCE THAT NUCLEAR POWER PLANT PERSONNEL WORKING ON AND INSPECTING SAFETY RELATED SYSTEMS AT CONSTRUCTION AND OPERATING SITES AND IN VITAL AREAS AT OPERATING SITES ARE FIT FOR DUTY, I.E.; NOT UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS OR OTHERWISE MENTALLY OR PHYSICALLY IMPAIRED. THE COMMISSION ALSO EXPECTS LICENSEES TO ESTABLISH PROGRAMS DEDICATED TO PROVIDING A DRUG FREE WORK ENVIRONMENT.

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TO ACHIEVE THESE PROGRAM OBJECTIVES, THE COMMISSION EXPECTS APPLICANTS AND
LICENSEES TO DEVELOP, IMPLEMENT AND ENFORCE EFFECTIVE FITNESS FOR DUTY

POLICIES, PROGRAMS, AND PROCEDURES WHICH FULFILL THE PROVISIONS OF EACH OF THE
KEY PROGRAM ELEMENTS CONTAINED IN THE AUGUST 1985, "EEI GUIDE TO EFFECTIVE
DRUG AND ALCOHOL/FITNESS FOR DUTY POLICY DEVELOPMENT." IN ORDER TO PROVIDE
A MEASURE OF OBJECTIVE EVIDENCE ON THE STATUS OF ACHIEVING A DRUG FREE WORKING
ENVIRONMENT, THE COMMISSION EXPECTS INDUSTRY PROGRAMS TO INCLUDE THE USE OF
CHEMICAL TESTING AS PART OF PRE-EMPLOYMENT SCREENING AND ON A PERIODIC OR
RANDOM BASIS FOR NUCLEAR POWER PLANT PERSONNEL WORKING ON AND INSPECTING SAFETY
RELATED SYSTEMS AT CONSTRUCTION AND OPERATING SITES AND IN VITAL AREAS AT
OPERATING SITES.

THE COMMISSION UNDERSTANDS THAT INPO WILL CONDUCT OVERSIGHT ACTIVITIES TO ENSURE THAT NUCLEAR POWER UTILITIES HAVE DEVELOPED ADEQUATE PROGRAMS AND THAT THE IMPLEMENTED PROGRAMS ARE EFFECTIVE. IN THAT REGARD, INPO AND NUMARC HAVE AGREED TO PERIODICALLY BRIEF AND PROVIDE REPORTS TO THE COMMISSION AND THE STAFF ON THE STATUS OF IMPLEMENTATION OF THIS INDUSTRY INITIATIVE.

NRC intends to evaluate utility implementation of fitness for duty programs by its review of industry activities. Through reviews of INPO program status and evaluation reports, periodic NRC accompaniment on INPO evaluations, and direct inspections conducted by the NRC's STAFF, Performanee-Appraisa}-Team, Regional-Offices,-and-Resident-Inspectors, NRC will monitor the effectiveness and progress of licensees in administering fitness for duty programs. BEGINNING IN MARCH 1986, INSPECTIONS WILL BE CONDUCTED AT SIX TO EIGHT SITES TO DETERMINE THE STATUS OF IMPLEMENTATION OF THESE PROGRAMS. THE NRC MAY ALSO FROM TIME

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TO TIME REQUEST INDIVIDUAL LICENSEES TO PROVIDE SUCH INFORMATION AS THE
COMMISSION MAY NEED TO ASSESS PROGRAM ADEQUACY.

Enforcement Policy

ENFORCEMENT

Notwithstanding its Enforcement Policy in 10 CFR Part 2, Appendix C, 49 FR 8583 (March 8, 1984), the Commission will exercise discretion in selecting appropriate enforcement action for vielations-involving inadequacies in fitness for duty programs in light of the industry initiatives in this area. ACTION WILL GENERALLY NOT BE TAKEN AGAINST licensees who are making reasonable efforts in developing-and, implementing AND ENFORCING fitness for duty programs. wi77-generally-not-be-cited-for-violations-related-to-these-programs,-provided the-violations,-whether-or-not-identified-by-NRG,-are-appropriately-corrected-in

a-timely manner. However, violations-which-are-not-corrected-in-a-timely-manner, violations of any applicable reporting requirement, instances of a person being unfit for duty such that plant safety is potentially affected, and any willful violation will be subject to the enforcement process. Any NRG-staff ESCALATED enforcement action pertaining to fitness for duty during this grace period will be taken only with Commission concurrence. In addition to required reports and inspections, information requests under 10 CFR 50.54(f) may be made and enforcement meetings held to ensure understanding of corrective actions. Orders may be issued where necessary to achieve corrective actions on matters affecting plant safety. In brief, the NRC's decision to use discretion in enforcement in order to recognize industry initiatives in no way changes the NRC's ability to issue orders, call enforcement meetings, or suspend licenses when a significant safety problem is found. Nothing in this Policy

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Statement shall limits the-authority-of-the NRC'S AUTHORITY OR RESPONSIBILITY TO FOLLOW UP ON OPERATIONAL EVENTS, to conduct inspections as deemed necessary, and-to-take-appropriate-enforcement-action TO ENSURE THAT PROMPT CORRECTIVE ACTION IS TAKEN WHERE FITNESS FOR DUTY PROGRAMS ARE INADEQUATE OR APPROPRIATE ACTION HAS NOT BEEN TAKEN, OR TO USE ENFORCEMENT AUTHORITY when regulatory requirements are not met OR HEALTH AND SAFETY CONCERNS ARE EVIDENT.

N197

ENCLOSURE 2

UA

RAILWAY DRUGS

SAN FRANCISCO (AP) A FEDERAL JUDGE TODAY HALTED A NEW DRUG AND ALCOHOL TESTING PROGRAM FOR 200,000 RAILROAD WORKERS NATIONWIDE, SAYING THERE WAS A ''REASONABLE PROBABILITY'' THAT THE TESTS VIOLATED WORKERS' RIGHTS OF PRIVACY.

U.S. DISTRICT JUDGE CHARLES LEGGE ISSUED A TEMPORARY RESTRAINING ORDER SOUGHT BY LABOR UNIONS BARRING RAILROADS FROM CONTINUING TO IMPLEMENT THE FEDERAL RAILROAD ADMINISTRATION PROGRAM, WHICH TOOK EFFECT AT MIDNIGHT THURSDAY.

THE PROGRAM, WHICH REQUIRES TESTING AFTER MAJOR ACCIDENTS AND AUTHORIZES TESTING ON A RAILROAD SUPERVISOR'S ''REASONABLE SUSPICION'' THAT A WORKER HAS BEEN DRINKING, IS THE FIRST OF ITS KIND IN A FEDERALLY REGULATED TRANSPORTATION INDUSTRY.

LEGGE HEARD ARGUMENTS THURSDAY BUT DEFERRED A RULING UNTIL TODAY AFTER BEING TOLD BY JUSTICE DEPARTMENT LAWYER STEVE HART THAT RAILROADS WERE UNLIKELY TO START TESTING ''ON THE STROKE OF MIDNIGHT.''

THE GOVERNMENT COULD ASK LEGGE TO LIFT HIS ORDER IN A WEEK, BUT THE JUDGE SUGGESTED WAITING SEVERAL WEEKS PENDING A HEARING. GOVERNMENT LAWYERS SAID THEY WERE AWAITING INSTRUCTIONS FROM WASHINGTON.

UNION LAWYERS SAID IN PAPERS FILED WITH LEGGE THAT THE TESTING PROGRAM IS ''AN UNNECESSARY AND UNJUSTIFIED INVASION OF HUMAN DIGNITY.' LEGGE SAID THE UNIONS HAD RAISED A SERIOUS QUESTION OF WHETHER TESTING SHOULD BE ALLOWED WITHOUT MORE EVIDENCE THAT A WORKER IS INTOXCIATED.

''THE GOVERNMENT HAS A RIGHT, HAS A DUTY, TO PASS REGULATIONS TO PRESERVE THE PUBLIC SAFETY,'' SAID THE JUDGE. BUT HE SAID THERE WERE ''MANY HUNDREDS, EVEN THOUSANDS OF INDIVIDUALS WHOSE FOURTH AMENDMENT RIGHTS (AGAINST ILLEGAL SEARCHES) COULD BE IN SERIOUS JEOPARDY" IF THE TESTING IS FOUND TO VIOLATE PRIVACY RIGHTS.

THE REGULATIONS, UNDER PREPARATION FOR TWO YEARS, AUTHORIZE MAJOR RAILROADS TO CONDUCT BREATH OR URINE TESTS FOR DRUGS OR ALCOHOL ON NON-SUPERVISORY WORKERS IF:

--A SUPERVISOR HAS A ''REASONABLE SUSPICION,'' BASED ON FACTUAL OBSERVATIONS, THAT A WORKER IS UNDER THE INFLUENCE OF ALCOHOL, OR ALCOHOL COMBINED WITH DRUGS.

--A WORKER IS SUSPECTED OF CAUSING OR CONTRIBUTING TO A RAILROAD ACCIDENT.

·R WORKER HAS BEEN DIRECTLY INVOLVED IN ANY OF A VARIETY OF RULE VIOLATIONS, INCLUDING EXCEEDING THE SPEED LIMIT BY 10 MPH, PASSING THROUGH A STOP SIGNAL, OR FAILING TO SECURE A HAND BRAKE.

AP-WX-11-81-85 1643EST