§ 712.11 - General requirements for HRP certification.

§ 712.11 General requirements for HRP certification.

(a) The following certification requirements apply to each individual applying for or in an HRP position:

(1) A DOE “Q” access authorization based on a background investigation;

(2) An annual review of the personnel security file;

(3)

Signed releases, acknowledgments, and waivers to participate in the HRP on forms provided by DOE;

(

4

3) Completion of initial and annual HRP instruction as provided in § 712.17;

(

5

4) Successful completion of an initial and annual supervisory review, medical assessment, management evaluation, and a DOE personnel security review

for certification and recertification in accordance with this part. With respect to the DOE personnel security review:

(i) If the DOE personnel security review is not completed within the 12-month time period and the individual's access authorization is not suspended, the HRP certification form shall be forwarded to the HRP certifying official for recertification or temporary removal, contingent upon a favorable security review;

(ii) If a final determination has been made by DOE personnel security that is favorable, this information shall be forwarded to the HRP certifying official and so noted on the certification form; or

(iii) If the final determination has been made by DOE personnel security that the access authorization has been suspended, the individual shall be immediately removed from the HRP position, the HRP certifying official notified, the information noted on the certification form, and the procedures outlined in 10 CFR part 710, subpart A, shall be followed.

(6)

;

(5) No use of any hallucinogen in the preceding

five

5 years and no experience of flashback resulting from the use of any hallucinogen more than

five

5 years before applying for certification or recertification;

(

7) A psychological evaluation consisting of a generally accepted psychological assessment (test) and a semi-structured interview; (8)

6) An initial drug test and random drug tests for the use of illegal drugs at least once each 12 months

in accordance with DOE policies implementing Executive Order 12564 or the relevant provisions of 10 CFR part 707 for DOE contractors, and DOE Order 3792.3, “Drug-Free Federal Workplace Testing Implementation Program,” for DOE employees; (9

;

(7) An initial alcohol test and random alcohol tests at least once each 12 months

using an evidential-grade breath alcohol device, as listed without asterisks on the Conforming Products List of Evidential Breath Measurement Devices published by the NHTSA (49 CFR part 40)

; and

(

10) Successful

8) For designated positions, identified pursuant to 10 CFR part 709, successful completion of a counterintelligence evaluation, which

includes

may include a counterintelligence-scope polygraph examination in accordance with DOE's Polygraph Examination Regulation, 10 CFR part 709, and any subsequent revisions to that regulation.

(b) Each HRP candidate must be certified in the HRP before being assigned to HRP duties and must be recertified annually, not to exceed 12 months between recertifications. For certification:

(

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c) Individuals in newly identified HRP positions must immediately sign the releases, acknowledgments, and waivers to participate in the HRP and complete initial instruction on the importance of security, safety, reliability, and suitability. If these requirements are not met, the individual must be removed from the HRP position.

(2)

All remaining HRP requirements listed in paragraph (a) of this section must be completed in an expedited manner.

(

c

d) Alcohol consumption is prohibited within an eight-hour period preceding scheduled work for individuals performing nuclear explosive duties and for individuals in specific positions designated by either the Manager, the NNSA Administrator, his or her designee, or the appropriate Lead Program Secretarial Officer, or his or her designee.

(

d

e) Individuals reporting for unscheduled nuclear explosive duties and those specific positions designated by either the Manager, the NNSA Administrator or his or her designee, or the appropriate Lead Program Secretarial Officer, or his or her designee, will be asked prior to performing any type of work if they have consumed alcohol within the preceding eight-hour period. If they answer “no,” they may perform their assigned duties but still may be tested.

(

e

f)

HRP-certified individuals may be tested for alcohol and/or drugs in accordance with § 712.15(b), (c), (d) and (e) if they are involved in an incident, unsafe practice, or an occurrence, or if there is reasonable suspicion that they may be impaired.

[69 FR 3223, Jan. 23, 2004, as amended at 78 FR 56135, Sept. 12, 2013]

Any doubt as to an HRP candidate's or HRP certified individual's eligibility for certification shall be resolved against the candidate or individual in favor of national security and/or safety.