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NRC Fitness for Duty Program Updates-NEI Access Authorization Fitness for Duty Workshop June 2025
	ML25148A130
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Issue date:	06/05/2025
From:	Brian Zaleski; NRC/NSIR/DPCP/AAFPB
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ML25148A089	List: ML25148A109; ML25148A126; ML25148A130;
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U.S. NRC Fitness for Duty (10 CFR Part 26)

Program Updates Brian Zaleski, Specialist - Fitness For Duty / Access Authorization Office of Nuclear Security & Incident Response June 5, 2025 Presentation to the Nuclear Energy Institute Access Authorization and Fitness for Duty Workshop

Discussion Topics Fitness for Duty (FFD) Program Performance, Trends, and Operating Experience Rulemaking Updates Other Updates Slide 2

FFD Program Performance, Trends, and Operating Experience Slide 3 Note: All 2024 FFD Program Performance results are DRAFT

Operating Experience Highlights, 2024 Slide 4

Pre-access testing positive rates for contractor/vendors continue to be above 1% (last 4 years) (previously, had not exceeded 1% since 2003)

Substituted and Invalid specimens - significant increases in last 2 years

2022 Part 26 Final Rule Effectiveness (1st full year of implementation)

- Expanded opioid panel detection (OXYC, OXYM, HYC, HYM)

31 Positives: Pre-access (16), Random (10), For Cause (2), Followup (3)

Identified in 6 labor categories Cocaine positive rate increased by 45% from 2023 to 2024 (0.079% in 2023; 0.115% in 2024)

FFD Program Performance Results, 2022-2024

Positive = Positive drug and alcohol tests, adulterated and substituted validity test results, and refusals to test All results in presentation are MRO verified Slide 5 2020 2021 2022 2023 2024 Number of Facilities Reporting 70 69 65 63 61 Individuals Tested 124,678 114,150 112,611 106,985 105,784 Individuals Testing Positive*

1,048 1,112 1,083 1,082 1,089 Identified at Pre-access Testing 67.4%

66.5%

70.5%

72.6%

75.1%

Identified at Random Testing 22.7%

24.8%

20.3%

18.3%

14.5%

Pre-Access Testing Positive Rates 1.01%

1.17%

1.20%

1.33%

1.37%

Licensee Employee 0.38%

0.64%

0.84%

0.97%

0.67%

Contractors/Vendors 1.08%

1.17%

1.27%

1.40%

1.49%

Random Testing Positive Rates 0.49%

0.61%

0.51%

0.47%

0.40%

Licensee Employees 0.23%

0.28%

0.30%

0.31%

0.27%

Contractors/Vendors 0.92%

1.15%

0.87%

0.81%

0.71%

Average Worker Population 89,205 82,512 78,472 75,782 71,825 Licensee Employees 54,190 50,094 48,103 49,434 49,566 Contractors/Vendors 35,015 31,608 30,369 26,348 22,259

Pre-Access Positive Rates by Employment Type (Historical: 1990-2024; 2024 Breakout by Site) 31 2

15 6

2 2

1 1

2 2

11 14 18 10 1

1 1

0

> 0% - 0.5%

> 0.5% - 1%

> 1% - 1.5%

> 1.5% - 2%

> 2% - 2.5%

> 2.5% - 3%

> 3% - 3.5%

> 3.5% - 4%

> 4% - 4.5%

> 4.5% - 5%

Number of Sites Percent (%) Positive Rate Licensee Employee (n = 60)

C/V (n = 60)

Slide 6 Licensee Employees Contractor/Vendors 0.0%

0.2%

0.4%

0.6%

0.8%

1.0%

1.2%

1.4%

1.6%

1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Percent Positive

FFD Program Performance Results by Test and Employment Categories, 2024 Slide 7 Test Category Tested Positive Percent Positive Pre-Access 59,866 818 1.37%

Random 39,602 158 0.40%

For Cause 175 36 20.57%

Post-Event 136 2

1.47%

Followup 6,005 75 1.25%

Total 105,784 1,089 1.03%

Tested Positive Percent Positive Tested Positive Percent Positive Tested Positive Percent Positive Pre-Access 8,843 59 0.67%

51,023 759 1.49%

59,866 818 1.37%

75.1%

Random 27,879 75 0.27%

11,723 83 0.71%

39,602 158 0.40%

14.5%

For Cause 103 14 13.59%

72 22 30.56%

175 36 20.57%

3.3%

Post-Event 82 1

1.22%

54 1

1.85%

136 2

1.47%

0.2%

Followup 3,186 23 0.72%

2,819 52 1.84%

6,005 75 1.25%

6.9%

Total 40,093 172 0.43%

65,691 917 1.40%

105,784 1,089 1.03%

100.0%

Test Category Licensee Employees Contractor/Vendors (C/Vs)

Total

% of Total Positives

Detection Trends - NRC Testing Panel Percentage of Total Positives by Substance Tested Slide 8 Since at least 2014, this chart under reports the substances used by individuals with a drug testing violation. This is due to the high number of subversion attempts where no specimen is tested (at least 60% of subversion attempts each year)

Results by Employment Category, 2024 Slide 9 Licensee Employees (40,093 tested, 172 individuals positive)

Contractor/Vendors (65,691 tested, 917 individuals positive)

Marijuana 42.6%

Alcohol 29.0%

Cocaine 14.8%

Refusal to Test 5.1%

Amphetamines 2.8%

Opioids 5.1%

Other 0.6%

n = 176 Marijuana 51.4%

Alcohol 13.3%

Cocaine 9.9%

Refusal to Test 14.4%

Amphetamines 6.5%

Opioids 4.4%

n = 970

Pre-access Random 0.00%

0.10%

0.20%

0.30%

0.40%

0.50%

0.60%

0.70%

0.80%

0.90%

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Positive Rate Year Marijuana Positive Rates - Licensee Employees Pre-Access and Random Positive Rates - Marijuana Slide 10

Pre-Access Random 0.00%

0.05%

0.10%

0.15%

0.20%

0.25%

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Positive Rate Year Cocaine Positive Rates - Licensee Employees Pre-Access and Random Positive Rates - Cocaine (2022 Final Rule Lowered Testing Cutoffs)

Slide 11 Pre-access Random 0.00%

0.05%

0.10%

0.15%

0.20%

0.25%

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Positive Rate Year Cocaine Positive Rates - Contractor/Vendors

2022 Part 26 Final Rule - Is it working?

Expanded Opioid Panel Results (2024)

Slide 12 Reason for Test Reason for Test Explanation Employment Type Outage Worker?

Labor Category Substance(s)

Reason for the Action 1

Pre-Access Update Authorization C/V Yes Maintenance (general facility)

Oxycodone; Oxymorphone 1st Positive 2

Update Authorization C/V Yes Maintenance (general facility)

Oxycodone; Oxymorphone Subversion 3

Reinstatement (31-365 days)

C/V Yes Facility Support Hydrocodone; Hydromorphone 1st Positive 4

Reinstatement (31-365 days)

C/V Yes Maintenance (general facility)

Hydrocodone 1st Positive 5

Reinstatement (31-365 days)

C/V No Maintenance (general facility)

Oxycodone 1st Positive 6

Initial Authorization C/V No Facility Support Oxycodone; Methamphetamine Subversion 7

Initial Authorization C/V Yes Facility Support Oxycodone; Oxymorphone 1st Positive 8

Initial Authorization C/V Yes Facility Support Hydrocodone; Hydromorphone 1st Positive 9

Initial Authorization C/V Yes Maintenance (general facility)

Oxycodone; Marijuana 1st Positive 10 Initial Authorization C/V Yes Maintenance (general facility)

Oxycodone; Oxymorphone Methamphetamine; 1st Positive 11 Initial Authorization C/V No Maintenance (general facility)

Hydrocodone; Alcohol; Marijuana 1st Positive 12 Initial Authorization C/V Yes Maintenance (general facility)

Oxymorphone 1st Positive 13 Initial Authorization C/V Yes Maintenance (general facility)

Hydrocodone 1st Positive 14 Initial Authorization C/V Yes Maintenance (general facility)

Hydromorphone 1st Positive 15 C/V Facility Support Oxymorphone 1st Positive 16 C/V Maintenance (general facility)

Hydrocodone; Hydromorphone 2nd Positive

2022 Part 26 Final Rule - Is it working?

Expanded Opioid Panel Results (2024)

Slide 13 Reason for Test Employment Type Outage Worker?

Labor Category Substance(s)

Reason for the Action 17 Random C/V No Facility Support Oxycodone 1st Positive 18 C/V Yes Maintenance (general facility)

Hydrocodone 1st Positive 19 C/V Yes Maintenance (general facility)

Hydrocodone; Hydromorphone Subversion 20 Employee No Maintenance (general facility)

Oxycodone 1st Positive 21 C/V No Maintenance (general facility)

Oxycodone; Oxymorphone 1st Positive 22 C/V Maintenance (general facility)

Oxycodone; Oxymorphone 1st Positive 23 C/V No Maintenance (safety-significant)

Oxycodone; Oxymorphone 1st Positive 24 C/V No Engineering Hydrocodone; Hydromorphone 1st Positive 25 C/V No Engineering Oxycodone; Oxymorphone 1st Positive 26 Employee No Security Oxycodone; Oxymorphone Subversion 27 For Cause C/V No Maintenance (general facility)

Cocaine; Marijuana; Oxycodone; Oxymorphone 1st Positive 28 Employee No Maintenance (general facility)

Oxycodone; Oxymorphone 1st Positive 29 Followup Employee No Maintenance (safety-significant)

Oxymorphone 2nd Positive 30 C/V Yes Maintenance (general facility)

Oxycodone; Oxymorphone 2nd Positive 31 C/V Other (Training)

Oxymorphone 1st Positive

Results by Labor Category, 2024 Slide 14

Total Results by Labor Category, 2024 Slide 15 0

0 0

2 5

9 10 26 31 43 44 57 209 711 SSNM Transporter FFD Program Personnel Maintenance (craft)

QA/QC Licensed Operator Supervisor Non-Licensed Operator HP/RP Engineering Maintenance (safety-significant)

Other Security Facility Support Maintenance (general facility)

Random Testing -

Positive* Result by Day of Collection (2014-2024)

Slide 16

Positive = Positive drug and alcohol tests, adulterated and substituted validity test results, and refusals to test Year Mon Tues Wed Thurs Fri Sat Sun Total 2024 27 38 47 29 11 3

3 158 2023 42 38 60 39 16 1

2 198 2022 37 56 52 49 21 4

1 220 2021 37 80 60 62 23 11 2

275 2020 47 57 54 49 30 2

239 2019 44 56 51 53 26 5

2 237 2018 44 59 40 42 21 4

1 211 2017 52 65 67 47 32 1

1 265 2016 38 63 52 67 28 8

4 260 2015 40 67 60 34 30 1

232 2014 50 46 57 44 20 3

1 221 Total 458 625 600 515 258 41 19 2,516

Behavioral Observation Program Effectiveness (Alcohol Detection)

What Reason for Testing identifies more alcohol positives?

For Cause Testing?

Random Testing?

Followup Testing?

What is the most identified Substance in For Cause testing?

What information resulted in conducting a For Cause test?

Slide 17

Alcohol Positive Results, 2024 Effectiveness of Lower Cutoff Levels Slide 18 41% of alcohol positives due to time-dependent cutoff levels (BAC < 0.04)

Must abstain from alcohol use at least 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> prior to arrival for work 0.04 or greater 106 0.03 and in work status at least 1 hr 35 0.02 and in work status at least 2 hrs 39 n = 180 55 19 16 16 18 10 3

4 22 9

2 6

0 20 40 60 80 100 Pre-Access Random For Cause Post-Event Followup 0.04 or greater 0.03 and in work status at least 1 hr 0.02 and in work status at least 2 hrs n = 180

Alcohol Positive Results, 2014-2024 Contractor/Vendors with Unescorted Access Slide 19 37 26 35 24 18 26 24 21 21 20 8

15 18 15 18 20 8

12 11 15 16 19 31 28 28 34 32 33 11 7

13 6

13 2

2 1

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Random Followup For Cause Post-Event

Alcohol Positive Results, 2014-2024 Licensee Employees with Unescorted Access Slide 20 28 25 32 17 25 26 27 43 41 35 30 10 7

10 6

10 4

10 6

8 4

7 17 17 6

10 9

8 5

3 8

7 8

2 0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Random Followup For Cause Post-Event

Subversion Attempts

Who cheats?

Which Reason for Testing identifies the most cheating?

Is cheating prevalent?

How is cheating typically identified?

Slide 21

Subversion Attempt Trends (2019-2024)

Subversion attempt: Any willful act or attempted act to cheat on a required test (e.g., refuse to provide a specimen, alter a specimen with an adulterant, provide a specimen that is not from the donors body) 2019 2020 2021 2022 2023 2024 Number of Subversion Attempts 307 288 272 268 289 231 Percentage of Drug Testing Violations 34.5%

34.3%

29.3%

29.7%

30.9%

25.1%

Identified at Pre-access Testing 73.3%

74.7%

72.4%

79.1%

80.3%

84.8%

Committed by Contractor/Vendors 97.4%

96.2%

94.5%

93.3%

90.7%

92.6%

Percentage of Sites Reporting At Least One Subversion 61%

70%

74%

78%

80%

Subversion attempt sanction:

Permanent denial unescorted access, 10 CFR 26.75(b)

Slide 22

Subversion Attempts by Labor Category (2018-2024)

Slide 23 Labor Category 2019 2020 2021 2022 2023 2024 Maintenance (general facility) 255 245 217 211 205 163 Facility Support 18 17 26 30 41 39 Security 6

4 9

5 8

14 Maintenance (safety-significant) 10 10 2

5 12 6

Engineering 3

4 3

4 4

Other 7

6 6

5 11 3

HP/RP 2

1 6

6 2

1 Non-Licensed Operator 3

1 Supervisor 4

1 3

3 5

FFD Program Personnel 1

QA/QC 2

Total 307 288 272 268 289 231

Subversion Attempts by Labor Category and Reason for Testing, 2024 Slide 24 Labor Category Pre-Access Random For Cause Post-Event Followup Total Maintenance (general facility) 147 11 3

1 1

163 Facility Support 32 7

39 Security 7

4 3

14 Maintenance (safety-significant) 4 1

1 6

Engineering 2

2 4

Other 2

1 3

HP/RP 1

1 Non-Licensed Operator 1

1 Total 196 25 3

1 6

231

Substituted Specimen Test Results, 2024 Slide 25

Operating experience demonstrates 1-3 substituted urine specimen test results received from an HHS-certified laboratory each year

Significant increases in 2023 and 2024 (13 in 2023; 10 in 2024)

Reason for Testing Collection Date Reason for Test Explanation Labor Category Employment Type Outage Worker?

Pre-Access 02/13/24 Reinstatement (31-365 days)

Maintenance (general facility)

C/V Yes 03/05/24 Initial Authorization Maintenance (general facility)

C/V Yes 03/12/24 Initial Authorization Facility Support C/V Yes 04/01/24 Initial Authorization Security C/V No 04/01/24 Initial Authorization Security C/V No 08/06/24 Maintenance (general facility)

C/V 08/07/24 Initial Authorization Maintenance (general facility)

C/V Yes 08/22/24 Reinstatement (31-365 days)

Maintenance (general facility)

C/V Yes 10/07/24 Initial Authorization Maintenance (general facility)

C/V Yes Random 04/17/24 Maintenance (general facility)

C/V

Invalid Test Results, 2024 Slide 26

Operating experience demonstrates 5-9 invalid test results per year with the directly observed 2nd specimen drug positive or refused

Significant increases in 2023 and 2024 (23 invalid results each year; all subversion attempts)

Reason for Testing Collection Date Reason for Test Explanation Labor Category Employment Type Outage Worker?

2nd Observed Specimen Result Pre-Access 02/05/24 Reinstatement (31-365 days)

Maintenance (safety-significant)

C/V Yes Testing Refusal 02/06/24 Reinstatement (31-365 days)

Facility Support C/V Yes Marijuana 02/08/24 Reinstatement (31-365 days)

Maintenance (general facility)

C/V Yes Marijuana 07/09/24 Reinstatement (31-365 days)

Maintenance (general facility)

C/V No Marijuana 01/29/24 Initial Authorization Facility Support C/V Yes Marijuana 02/08/24 Initial Authorization Facility Support C/V Yes Marijuana 02/14/24 Initial Authorization Maintenance (general facility)

C/V Yes Testing Refusal 02/20/24 Initial Authorization Maintenance (general facility)

C/V Yes Marijuana 02/27/24 Initial Authorization Maintenance (general facility)

C/V Yes Marijuana 03/25/24 Initial Authorization Maintenance (general facility)

C/V Yes Testing Refusal 08/12/24 Initial Authorization Maintenance (general facility)

C/V Yes Marijuana 09/11/24 Initial Authorization Facility Support C/V Yes Marijuana 09/16/24 Initial Authorization Maintenance (general facility)

C/V Yes Marijuana 10/07/24 Initial Authorization Maintenance (general facility)

C/V Yes Marijuana 10/07/24 Initial Authorization Facility Support C/V Yes Testing Refusal 10/07/24 Initial Authorization Maintenance (general facility)

C/V Yes Marijuana 10/07/24 Initial Authorization Maintenance (general facility)

C/V Yes Marijuana 11/18/24 Initial Authorization Facility Support C/V No Testing Refusal 01/29/24 Maintenance (general facility)

C/V Testing Refusal 03/13/24 Maintenance (general facility)

C/V Marijuana 10/17/24 Maintenance (general facility)

C/V Testing Refusal Random 05/21/24 Facility Support C/V Yes Testing Refusal 11/21/24 Security Employee No Oxycodone; Oxymorphone

HHS-Certified Laboratory Performance, 2024 10 CFR 26.719, 30-day event reports

1) False negative for a blind performance test sample (BPTS) formulated to return an adulterated validity test result (July 2024, ML24242A067)

The HHS-certified laboratory investigation:

Reviewed the initial drug and validity test results and reanalyzed the specimen.

The original testing was performed according to the standard operating procedures and the negative test result did not appear to be a result of specimen or aliquot misidentification based on consistent creatinine results.

Reported that retesting of the specimen suggested that an unknown adulterant or other component from the preparation of the BPTS was not evenly mixed on the day it was received and that handling of the specimen at the laboratory during the investigation redistributed the adulterant (this statement was based on declining pH values for each successive screening test performed).

A second adulterated specimen from the same BPTS batch was sent to the laboratory in August 2024 and the correct adulterated test result was reported.

Slide 27

HHS-Certified Laboratory Performance, 2024 10 CFR 26.719, 30-day event reports

2) False negative BPTS formulated to test positive for hydrocodone and hydromorphone (August 2024, ML24264A088)

The HHS-certified laboratory determined that the false-negative result was due to a failure to maintain proper specimen identification during the confirmation process. The specimen was retested, and correct results were reported.

The laboratory reported that it would:

retrain all staff in related departments on maintaining specimen identification (i.e., handle one sample at a time and verify the entire specimen identification number during each transfer step).

instruct certifying scientists to investigate hydrocodone/hydromorphone results that screen positive but confirm negative.

change its below threshold control (BTC) for opioid assays to contain only the opioids of interest for each assay. The BTC used by the laboratory for all opioid assays contained six opioids, which did not allow the laboratory to detect errors if batches were switched.

Slide 28

HHS-Certified Laboratory Performance, 2024 10 CFR 26.719, 30-day event reports

3) Special analyses testing was not performed on a donors urine specimen that was collected under direct observation (August 2024, ML24305A130)

A negative test result was reported for the donors observed urine specimen.

The MRO determined that a subversion attempt had occurred because of differences in specimen temperature and creatinine concentration between the initial (unobserved) specimen and the donors observed 2nd specimen.

MRO staff review of the laboratory test result for the observed specimen discovered that the result did not specify that special analyses testing was conducted. The laboratory provided an updated report, with a positive cocaine test result on confirmatory testing to the limit of quantitation.

Slide 29 Special analyses testing is performed under 10 CFR 26.163(a)(2) and applies lower testing cutoff levels for dilute specimens, and most directly observed specimens.

Rulemaking Updates Slide 30

Tech Issues Rulemaking Plan Drugs and Alcohol: Technical Issues and Editorial Changes (RIN 3150-AJ15, Docket: NRC-2012-0079)

Slide 31 Effectiveness and efficiency improvements in three topic areas:

1)

Incorporating 15+ years of lessons learned from implementing Part 26 2)

Aligning with updates to HHS and DOT testing program requirements 3)

Resolving three petitions for rulemaking accepted by the NRC Why now? A key driver for rulemaking is the continuing prevalence of subversion attempts of the urine drug testing process Public meeting to discuss plan - held on February 7, 2024 (NRC slides: ML24036A330; Meeting transcript: ML24116A143)

Rulemaking Plan - delivered to the Commission on July 9, 2024 (ML24060A008)

Rulemaking Plan Regulatory Basis Proposed Rule Final Rule (were here)

Other Rulemakings Decommissioning Rulemaking (i.e., Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning)

Draft final rule package sent to the Commission Jan. 31, 2024 (ML23258A200)

Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Proposed rule published on Oct. 31, 2024 (89 FR 86918)

Public meetings held Nov. 19-21, 2024 (NRC presentations ML24319A002; includes FFD and Access Authorization presentations)

Public comment period closed Feb. 28, 2025 Currently evaluating public comments and revising rule NRC staff expects to submit the final rule package to the Commission by May 1, 2026 Slide 32

ML25148A130

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