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Fitness for Duty Programs 10 CFR Part 26 “FFD Performance” Nuclear Energy Institute Annual Conference July 25, 2016

NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

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Page 1: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Fitness for Duty Programs10 CFR Part 26

“FFD Performance”

Nuclear Energy Institute Annual ConferenceJuly 25, 2016

Page 2: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Discussion Topics

1. Overall Industry Performance

2. FFD Performance Data

3. Reportable Events

4. Where Positive Test Results Occurred

5. FFD Performance Trends

6. Heroin

7. Multi-Substance Positives

8. Subversions

9. Questions and Feedback

Slide 2NEI Annual Conference – 2016

Page 3: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Overall Industry Performance, 2015 (DRAFT)

73 FFD programs (2 fewer than in 2014; Vermont Yankee and Zion)

163,398 Individuals drug & alcohol tested (down 2% from 2014)

1,199 Individuals tested positive for a drug, alcohol, or refused a test66.1% identified at pre-access testing18.7% identified at random testing

0.73% Industry overall positive rate up from 0.68% in 20140.26% LE positive rate up from 0.23% in 20140.95% C/V positive rate up from 0.88% in 2014

0.35% Industry random positive rate up from 0.34% in 20140.14% LE positive rate same in 2013 and 20140.62% C/V positive rate same in 2014

Slide 3

All results MRO verifiedLE – licensee employeesC/V – contractor/vendors

DRAFT InformationNEI Annual Conference – 2016

Page 4: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

[Positive results include testing refusals]

89% of positives are from contractor/vendors (1,068 of 1,199)

Positives by employment type is very different by Test CategoryPre-access (CVs = 70.5%; LEs = 29.0%)Random (CVs = 16.0%; LEs = 41.2%)For-Cause (CVs = 7.9%; LEs = 16.8%)

Slide 4

Results by Test Type and Employment Category, 2015 (DRAFT)

NumberTested

NumberPositive

Percent Positive

NumberTested

NumberPositive

Percent Positive

NumberTested

NumberTested Positive

PercentPositive

Pre-Access 9,709 38 0.39% 78,884 753 0.95% 88,593 791 0.89%Random 37,504 54 0.14% 27,251 171 0.63% 64,755 225 0.35%For Cause 181 22 12.15% 473 84 17.76% 654 106 16.21%Post-Event 236 3 1.27% 780 14 1.79% 1,016 17 1.67%

Followup 3,481 14 0.40% 4,899 46 0.94% 8,380 60 0.72%Total 51,111 131 0.26% 112,287 1,068 0.95% 163,398 1,199 0.73%

Test Category

Licensee Employees (LEs) Contractor/Vendors (CVs) Total

DRAFT InformationNEI Annual Conference – 2016

Page 5: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Contractor/Vendors(112,287 tested, 1,068 individuals positive)

Licensee Employees (51,111 tested, 131 individuals positive)

Slide 5

Results by Employment Type, 2015 (DRAFT)

DRAFT InformationNEI Annual Conference – 2016

Page 6: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Effectiveness of Lower Cutoff Levels for Alcohol Testing, 2015 (DRAFT)

Slide 6

• 32% of alcohol positives due to time dependent cutoff levels implemented in the 2008 final rule (BAC < 0.04)

• This effectiveness trend has remained steady from 2013-2015 (31-32% of positives at BAC <0.04 levels)

• Random and Followup testing positives above 0.04 BAC is a concern (evaluate BOP)

DRAFT InformationNEI Annual Conference – 2016

Page 7: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

24-Hour Reportable Events, 2015 (DRAFT)

33 Reportable Events under 10 CFR 26.719

17 Events: Supervisors • 11 Licensee employees (9 alcohol; 1 marijuana; 1 refusal)• 6 Contractor/vendors (4 alcohol; 1 amphetamines; 1 refusal)

8 Events: Prohibited items in the Protected Area (PA)• 6 events associated with alcohol (beverage container(s) discovered) • 1 event - discovery of subversion paraphernalia at security check • 1 event – prohibited item not described in the licensee report

7 Events: Licensed Reactor Operators (4 alcohol; 1 cocaine; 1 marijuana; 1 marijuana & cocaine)

1 Event: Consumption of alcohol in the PA

Slide 7

DRAFT InformationNEI Annual Conference – 2016

Page 8: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Where Positive Test Results Occurred, 2015 (DRAFT)

Slide 8

Where is most testing conducted in 2015 (>90% of tests)?Licensee Employees Contractor/Vendors

Pre-access 19.0% Pre-access 70.3%Random 73.4% Random 24.3%Followup 6.8% Followup 4.4%

99.2% 98.9%

Where were most drug and alcohol testing violations identified in 2015 (>90% of positives)?Licensee Employees Contractor/Vendors

Pre Access 29.0% Pre-access 70.5%Random 41.2% Random 16.0%

For Cause 16.8% ForCause 7.9%Followup 10.7% 94.4%

97.7%

DRAFT InformationNEI Annual Conference – 2016

Page 9: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Slide 9

Positive Rates by Employment Category (Pre-Access, Random, and For Cause Testing)

DRAFT InformationNEI Annual Conference – 2016

(2015 DRAFT)

Page 10: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Detection Trends – NRC Testing Panel, 1990-2015Percentage of Total Positives by Substance Tested

Slide 10

(2015 DRAFT)

DRAFT InformationNEI Annual Conference – 2016

Page 11: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Other Detection Trends (2015 DRAFT)

Multi-year trends:• Amphetamine and

methamphetamine (increased detection)

• Subversion attempts(high prevalence)

Year Amphetamines & Methamphetamines

Percentageof Total Positives

Subversion Attempts

Percentageof Violations

2012 6.2% 15.8%2013 8.9% 14.7%2014 10.6% 16.5%2015 9.8% 19.3%

Multi-substance positives (2012−2015)• 34-61 individuals per year tested positive for more than one substance• 83-93% of these individuals each year tested positive for amphetamines,

methamphetamines, and/or cocaine

24-hour reportable events (10 CFR 26.719) for critical group(reactor operators, supervisors), 2012 to 2015• 6-14 Licensed Operators and 16-27 Supervisors per year

Slide 11

DRAFT InformationNEI Annual Conference – 2016

Page 12: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Heroin Test Results, 2010-2015 (2015 DRAFT)

Slide 12

2015: 5 positive results (3 sites)Pre-Access

• C/V; Outage worker; HR/RP; Reinstatement (6-30 days) [6-AM]• C/V; Outage worker; Maintenance; Reinstatement (31-365 days) [6-AM, morphine]• C/V; Maintenance; Initial Authorization [6-AM, codeine, morphine]

Random • C/V; Outage worker; Maintenance [6-AM, cocaine, morphine]• Licensee employee; Engineering [6-AM, codeine, morphine]

2014: 2 positive results (both Pre-Access tests) – 2 sites• C/V; Maintenance; Initial Authorization [6-AM]• C/V; Maintenance [6-AM]

2013: 1 positive result (Pre-Access test) – C/V, Maintenance [6-AM, morphine]

2012: None

2011: 2 positive results (both Post-Event tests) – 2 sites• C/V, Maintenance [6-AM]; No information provided on reason for test.• C/V, Security [6-AM, morphine] “Employee struck a road sign on company property with his vehicle. When

asked by the supervisor who was responsible, the employee did not speak up. Later in the day the employee told the supervisor he was responsible for the incident.

2010: 1 positive result – (Pre-Access Tests) – Maintenance; Initial Authorization [6-AM, morphine]; Subversion attempt identified by temperature of 1st specimen.

DRAFT InformationNEI Annual Conference – 2016

Page 13: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Multi-Substance Positive Results, 2009-2015(2015 DRAFT)

Slide 13

2009 2010 2011 2012 2013 2014 2015

Positive results covered by e-reporting 28.9% 69.7% 85.0% 90.0% 96.8% 100.0% 100.0%

Sites with multi-substance positive result(s) 5 11 23 18 14 18 23

Number of multi-substance positive results(contractor/vendors)

8 19 37 38 32 47 55

Number of multi-substance positive results(licensee employees)

2 1 2 2 2 1 6

Industry Total 10 20 39 40 34 48 61Number of multi-substance positive results

(V.C. Summer 2&3; Voglte 3&4)0 3 6 9 17 23 23

Percentage of Multi-Substance Positive ResultsAccounted for by Construction Sites

0% 15% 15% 23% 50% 48% 38%

Percentage of multi-substance positive results at Pre-Access Testing

70% 90% 64% 73% 47% 60% 52%

Percentage of multi-substance positive results after unescorted access authorization granted

(Random, For-Cause, Post-Event, Follow-up tests)30% 10% 36% 28% 53% 40% 48%

DRAFT InformationNEI Annual Conference – 2016

Construction sites

Page 14: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Multi-Substance Positive Results, 2015 (DRAFT)

Slide 14

Substances Pre-Access Random For Cause Post-Event Followup Grand TotalAmphetamines; Marijuana 4 1 5Amphetamines; Methamphetamines 10 6 4 2 22Amphetamines; Methamphetamines; Cocaine; Marijuana 1 1Amphetamines; Methamphetamines; Marijuana 1 2 3Amphetamines; Methamphetamines; Other: Benzodiazepines 1 1Cocaine; Alcohol 1 1Cocaine; Marijuana 8 2 1 1 12Cocaine; Methamphetamines; Marijuana 1 1Cocaine; Methamphetamines; Opiate: Morphine 1 1Cocaine; Opiate: Morphine 1 1 2Methamphetamines; Marijuana; Opiate: Codeine 1 1Opiate: 6-AM; Opiate: Codeine; Opiate: Morphine 1 1 2Opiate: 6-AM; Opiate: Morphine 1 1Opiate: 6-AM; Opiate: Morphine; Cocaine 1 1Alcohol; Marijuana 1 1 2Opiate: Codeine; Opiate: Morphine 1 1Opiate: Morphine; Marijuana 1 1Opiate: Morphine; Opiate: Codeine 1 1 2Other: Fentanyl; Other: Oxycodone; Other: Oxymorphone 1 1

Grand Total 32 13 12 2 2 61

61 of 1,199 testing violations in 2015 were associated with more than one substance55 of 61 were C/Vs and 23 of 61 were associated with the construction sites

23 of 73 sites reported at least on multi-substance positive in 2015DRAFT Information

NEI Annual Conference – 2016

Page 15: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Subversion Trends, 2012-2015 (2015 DRAFT)

Subversion attempt is any act or attempted act to subvert the testing process (e.g., refuse to provide a specimen, provide or attempt to provide a substituted or adulterated specimen).

Subversion Attempts2012 177 of 1,114 violations = 15.8% subversions2013 148 of 1,007 violations = 14.7% subversions2014 187 of 1,133 violations = 16.5% subversions2015 231 of 1,199 violations = 19.3% subversions

In 2015• 46 sites reported at least 1 subversion attempt

5 highest sites: 7, 22, 16, 19, and 8

• 76% of subversions attempts occurred at pre-access testing (176 of 231)

• 95% of subversion attempts by contractor/vendors

Slide 15DRAFT Information

NEI Annual Conference – 2016

Page 16: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Positive Results for Subversion Attempts where a Donor Provided a Specimen under Direct Observation, 2015 (DRAFT)

Slide 16

Test Result Pre-Access Random For Cause Post-Event Followup TotalMarijuana 40 10 2 52Cocaine 4 1 1 6Amphetamines; Methamphetamines 2 1 1 4Cocaine; Marijuana 3 3Alcohol; Marijuana 1 1Amphetamines; Marijuana 1 1Amphetamines; Methamphetamines; Cocaine; Marijuana 1 1Amphetamines; Methamphetamines; Marijuana 1 1Cocaine; Opiate: Morphine 1 1Opiate: Morphine 1 1Opiate: Morphine; Marijuana 1 1Other: Buprenorphine 1 1

Total 55 13 3 1 1 73

Slide 16

DRAFT InformationNEI Annual Conference – 2016

Of the 231 individuals identified as subverting a test in 2015,73 provided specimens under direct observation, 73/231 = 31.6%

Page 17: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Questions and Feedback

Slide 17

Questions?

Feedback?

NEI Annual Conference – 2016

Page 18: NRC Staff Presentation Entitled 'FFD Performance.' · 89% of positives are from contractor/vendors (1,068 of 1,199) Positives by employment type is very different by Test Category

Fitness for Duty Program Staff

U.S. Nuclear Regulatory CommissionOffice of Nuclear Security and Incident ResponseDivision of Security PolicyFuel Cycles and Transportation Security Branch

Paul Harris, Senior Program [email protected] (301-287-9294)

Will Smith, Security Specialist [email protected] (301-287-3541)

Brian Zaleski, FFD Program [email protected] (301-287-0638)

Slide 18NEI Annual Conference – 2016