11. Health And Safety
Information

Health And Safety Information: The company's drug policy and communication program are outlined earlier in this report. One very effective method of combining the policy statement, a message from the chief executive officer, health and safety information on drug and alcohol abuse, as well as direction on how the Employee Assistance Program can be available to employees is attached to this report. This one document provides effective communication of the policy statement itself, conveys a message from the CEO, makes available information on drugs and alcohol that will be useful not only to the employee but to family members, and can serve as a reference point should the need arise for accessing employee assistance on a confidential basis or for obtaining further information on chemical dependency from outside resources.

Companies can provide audio-visual presentations, bring in outside speakers, and make available to employees and supervisors special and more condensed health information on drugs and alcohol abuse. The example cited herewith is comprehensive in scope, satisfies a multiple number of objectives, and provides the employee with a take-home brochure which can be reviewed at leisure and which can be shared within a family.

The staff discussed with the Commission the status of the three agency rulemakings vis-a-vis the position of INPO and NUMARC.

The Commission directed the staff to write a policy statement
which authorizes the industry (INPO and NUMARC) to go forward
for two years with its initiatives on fitness for duty and
training accreditation programs. The staff should coordinate
the policy statement with members of INPO and NUMARC. The
policy statement must include mechanisms to ensure NRC
responsibilities for public health and safety. Subsequent
to the meeting, Commissioner Roberts circulated a memorandum
to the Commission (COMTR-84-2, 10/22/84) with suggestions
for inclusion in the policy statement.

The Commission directed the staff to hold any action on the current status of the fitness for duty rule until the policy statement is drafted.

(SECY Suspense: 11/14/84)

The Commission agreed to handle the subject of senior managers as a separate issue. (Subsequently, a meeting was scheduled tentatively for November 1, 1984.)

Commissioner Asselstine requested a legal analysis of whether enforcement action can be taken in the area of training development without a prescriptive rule.

(OGC)

(SECY Suspense: 11/7/84)

The Commission directed OPE to submit its analysis of all three issues to the Commission (fitness for duty, training, and requirements for senior managers).

The Commission directed (Commissioner Bernthal not present) the staff to publish proposed changes to 10 CFR 55 as contained in SECY-84-76A and make appropriate revisions to proposed Reg. Guide 1.8 (included in SECY-84-76A). No changes need be made in Reg. Guide 1.149 (in SECY-84-76A) and in Reg. Guide 1.134 (in SECY-84-76).

(NRR)

(SECY Suspense: 11/14/84)

I am responding to your November 7, 1986 letter concerning the Commission's Fitness for Duty Policy Statement. I am also enclosing answers to the questions that you asked in that letter.

In your letter, you expressed concern over drug and alcohol abuse problems at nuclear facilities and whether the Commission's Policy Statement provided an effective response. The Commission recognizes that safe operation of nuclear facilities mandates the highest fitness for duty standards. Drug and alcohol abuse is a major problem affecting every segment of our society for which there is no simple solution. Given the complexity of the problem, the Commission encouraged the nuclear industry to take the initiative to address this problem. The policy statement, rather than a regulation, was issued to encourage industry initiatives. A majority of the Commission believes this approach offers an effective means of providing reasonable assurance that personnel working at nuclear power plants are fit for duty.

You also expressed concern that this policy statement was prepared with improper deference to industry. The policy statement. was issued as an effective means to implement fitness for duty programs on an industry-wide basis. The NRC agreed to refrain from new rulemaking on fitness for duty programs for 18 months from the policy statement's effective date. The success of industry's initiatives in this area and our ability to monitor the effectiveness of industry programs will dictate whether the policy statement is continued or a new rule developed. Even in the absence of a specific rule, our authority in all matters which potentially affect nuclear safety provides a sufficient basis for NRC action in this area if warranted.

The final concern you expressed was the potential use of drug testing programs as a means to retaliate against whistleblowers who raise safety issues. Federal law and NRC regulations protect employees from such reprisals. Employees may obtain job reinstatment and other remedies through the Department of Labor and the NRC will impose enforcement sanctions, such as civil penalties, for improper discrimination as appropriate. The response to Question 15 identifies the NRC regulations that address protection of employees. I do not believe it is necessary or appropriate to develop separate guidance on the protection of employees on matters involving drug testing.

(Originated by: LBush: IE)

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As you requested, a copy of your letter and its attachments was placed in the Public Document Room as comments on the Commission's Policy Statement on Fitness- for Duty.

Commissioner Asselstine is away on official travel and will provide you with his separate views upon his return.