Protecting People and the EnvironmentUNITED STATES NUCLEAR REGULATORY COMMISSION
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION &
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
WASHINGTON, D.C. 20555
December 24, 1990
Information Notice No. 90-81: FITNESS FOR DUTY
Addressees:
All U.S. Nuclear Regulatory Commission (NRC) materials and non-power reactor
licensees.
Purpose:
This information notice is to inform licensees not currently subject to
NRC-required fitness-for-duty programs, of the importance the NRC places on
the drug-free workplace concept in all aspects of nuclear material usage,
management, and handling. The notice also describes Federal legislation
that may impact such licensees with respect to fitness-for-duty issues and
briefly describes the status of regulatory activities in this area.
Background:
On November 18, 1988, the Congress, in the Anti-Drug Abuse Act of 1988
(Public Law 100-690), established a national policy of a drug-free America
by 1995. It also enacted Title V, Subtitle D, the Drug-Free Workplace Act
of 1988, (the Act), which requires that entities who have been awarded a
Federal contract for procurement of $25,000 or more and entities who have
been awarded a grant provide a drug-free workplace. The requirements of
this statute are applicable to NRC licensees who are Federal contractors or
grant recipients.
In part, the Act calls for affected entities to certify to the contracting
or grantor's agency that it will provide a drug-free workplace through the
following measures:
x The publication of a statement of policy regarding a drug-free
workplace, outlining actions to be taken for violations of the
policy;
x The establishment of a drug-free awareness program;
x The distribution of the statement of policy to employees engaged
in the contract activities;
x The establishment of certain conditions of employment based on the
drug-free workplace concept;
x The timely notification to the contracting agency of employee drug
convictions; and
x The establishment of a good-faith effort to continue to maintain a
drug-free workplace through these measures.
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December 24, 1990
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In addition, Section 5301 of the Anti-Drug Abuse Act provides that persons
convicted of possession or distribution of controlled substances may be
declared by a sentencing court to be ineligible for Federal benefits. A
"Federal benefit" is defined in the Anti-Drug Abuse Act to include any
professional or commercial license provided by an agency of the United
States or appropriated funds of the United States.
Thus, all individuals who are applicants for or holders of an NRC specific
or general license or who conduct licensed activities authorized by an NRC
license should know that, pursuant to the Anti-Drug Abuse Act, a conviction
for possession or distribution of a controlled substance may result in loss
of eligibility for an NRC license, denial or revocation of an NRC license,
or removal from NRC-licensed activities.
Discussion:
Drug and alcohol abuse is a social, medical, and safety problem affecting
every segment of our society. The NRC recognizes that such abuse may also
exist among persons who possess and use nuclear materials. The Commission
believes it prudent for all licensees to manage licensed activities so that
every person who is under the influence of alcohol or any other substance,
legal or illegal, that affects his/her ability to safely perform duties
associated with the use of nuclear materials, would not have access to: (1)
hazardous nuclear material; (2) safety or safeguards systems; or (3)
equipment that contains radioactive material of a nature that, if
mishandled, might be harmful to that person, co-workers, or the public.
Individuals should also know that, even if a conviction for possession or
distribution of a controlled substance does not result in a declaration of
ineligibility for Federal benefits by the sentencing court, the NRC may, in
accordance with its independent responsibility to protect the public health
and safety and the common defense and security, act on its own to deny,
revoke, suspend, or modify a license or remove an individual from licensed
activities, upon such conviction.
For Category I fuel facilities and shipments subject to 10 CFR 73.20, the
Commission plans to promulgate a rule that would impose specific fitness-
for-duty requirements. Individuals affected would include those who have
direct access to significant quantities of strategic special nuclear
material, those who are directly responsible for protecting the material,
and those who are responsible for transporting the material.
Fitness-for-duty program requirements for other licensees have either been
established or are under consideration by the NRC. Nuclear power reactor
licensees are subject to the Commission's fitness-for-duty regulations in 10
CFR Part 26. This regulation requires, among other things, that facility
licensees conduct random testing for drug and alcohol use and impose
sanctions against individuals who violate program requirements.
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This information notice requires no specific action or written response. If
you have any questions about the information in this notice, please contact
one of the contacts listed below or the appropriate regional office.
Richard E. Cunningham, Director
Division of Industrial and Medical
Nuclear Safety
Office of Nuclear Material Safety
and Safeguards
Charles E. Rossi, Director
Division of Operational Events Assessment
Office of Nuclear Reactor Regulation
Technical Contacts: L. L. Bush, Jr., NRR
(301) 492-0944
R. O'Connell, NMSS
(301) 492-0627
Legal Contact: R. Fonner, OGC
(301) 492-1643
Attachments:
1. List of Recently Issued NRC Information Notices
2. List of Recently Issued NMSS Information Notices
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