97-14416. Personnel Assurance Program  

  • [Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
    [Proposed Rules]
    [Pages 30469-30481]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-14416]
    
    
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    DEPARTMENT OF ENERGY
    
    10 CFR Part 711
    
    [Docket No. DP-RM-97-100]
    RIN 1992-AA14
    
    
    Personnel Assurance Program
    
    AGENCY: Department of Energy.
    
    ACTION: Notice of Proposed Rulemaking and Public Hearings.
    
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    SUMMARY: The Department of Energy (DOE or Department) today proposes 
    Personnel Assurance Program (PAP) procedures and standards for DOE and 
    DOE contractor employees who are assigned nuclear explosive duties at 
    DOE facilities. The PAP is a systematic program, previously established 
    by internal DOE directive, to prevent accidental or unauthorized 
    detonation of nuclear explosives as a result of assignment of nuclear 
    explosives duties to employees who have become emotionally, mentally, 
    or physically incapacitated. The proposed rule includes medical 
    standards for evaluating DOE and contractor employees in the PAP.
    
    DATES: Written comments (7 copies) on the proposed rule must be 
    received by the Department on or before August 4, 1997.
        Oral views, data, and arguments may be presented at public hearings 
    which are scheduled as follows:
        1. July 8, 1997, 9 a.m.-12 noon and 5 p.m-8 p.m., Amarillo, TX.
        2. July 10, 1997, 10 a.m.-12 noon and 2 p.m-5 p.m., North Las 
    Vegas, NV.
        Requests to speak at a hearing should be phoned in to the 
    Department, (202) 586-3012, no later than 4 p.m. on July 3, 1997, for 
    both hearings.
        The length of each oral presentation is limited to 10 minutes.
    
    ADDRESSES: Written comments (7 copies) should be mailed to: U.S. 
    Department of Energy, Office of Defense Programs, DP-21, Docket Number 
    DP-RM-97-100, 1000 Independence Ave. SW., Washington, DC 20585. 
    Requests to speak at a hearing may be phoned in to (202) 586-3012. The 
    public hearings will be held at the following locations.
        1. Amarillo, TX, Sunset Convention Center, 3701 Plains Blvd (at 
    Western), Suite 135.
        2. North Las Vegas, NV, USDOE, 232 Energy Way (off Losee Rd), room 
    A-106/107 (first floor, ``The Great Basin Room'').
        Copies of transcripts from hearings and written comments may be 
    inspected and photocopied in the DOE Freedom of Information Reading 
    Room, Room 1E-190, (202) 586-6020, between the hours of 9:00 a.m. and 
    4:00 p.m., Monday through Friday, except Federal holidays.
        For additional information concerning public participation in this 
    rulemaking, see the ``Opportunity for Public Comment'' section in the 
    Supplementary Information section of this proposed rule.
    
    FOR FURTHER INFORMATION CONTACT: For further information concerning the 
    proposed rule: Mr. Randall Weidman, U.S. Department of Energy, Office 
    of Defense Programs (DP-21), 1000 Independence Ave. SW., Washington, DC 
    20585, (301) 903-3154.
        For further information concerning Subpart B, Medical Assessments 
    for PAP Certification and Recertification: Mr. Kenneth O. Matthews, 
    Office of Occupational Medicine and Medical Surveillance (EH-61), 1000 
    Independence Ave. SW., U.S. Department of Energy, Washington, DC 20585, 
    (301) 903-6398.
        For further information concerning the public hearings and 
    submitting written comments: Ms. Andi Kasarsky, (202) 586-3012.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Pursuant to the Atomic Energy Act of 1954 (Act), DOE owns defense 
    nuclear facilities in various locations in the United States which are 
    operated by management and operating contractors under DOE supervision. 
    These facilities are involved in researching, testing, producing, 
    disassembling, and transporting of nuclear explosives which, when mated 
    with Department of Defense provided delivery systems, become nuclear 
    weapon systems.
        Pursuant to section 161 of the Act, 42 U.S.C. 2201 (b), (i)(3), and 
    (p), DOE and its predecessor agencies--the Atomic Energy Commission 
    (AEC) and the Energy Research and Development Administration (ERDA)--
    have used
    
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    some version of the PAP to certify, actively monitor, and periodically 
    recertify personnel as suitable to perform nuclear explosive duties in 
    a safe and reliable manner. PAP provides for disqualification of 
    persons from performance of nuclear explosive duties who fail to meet 
    PAP requirements for emotional, mental, and physical capability. In 
    DOE's internal administrative directives, DOE Order 452.2, formerly DOE 
    Order 5610.11, ``SAFETY OF NUCLEAR EXPLOSIVE OPERATIONS,'' the term 
    ``Nuclear Explosive Duties'' has been defined to include DOE or 
    contractor employees who have custody of or ``access'' to a nuclear 
    explosive. ``Access'' has been defined to mean: ``The proximity to a 
    nuclear explosive that affords a person the opportunity to tamper with 
    it or to cause a detonation.''
        All PAP-certified employees are subject to continuous review and 
    evaluation. The certification of such employees is subject to immediate 
    review in light of facts and circumstances about an employee or an 
    employee's behavior indicating a reliability risk that warrants 
    protective action to neutralize a nuclear explosive hazard by having an 
    individual immediately removed from nuclear explosive duties. Immediate 
    removal does not constitute a determination that the individual is 
    unsuitable for nuclear explosive duties, but indicates that the 
    individual's suitability is in question.
        The PAP procedures and standards are legally binding on contractors 
    under the terms and conditions of their contractual agreements which 
    require them to comply with applicable DOE directives. They also apply 
    to contractor personnel and could serve as the basis for the contractor 
    to take action affecting an employee's employment rights.
        In 1992, the Independent Guard Association of Nevada, Local No. 1, 
    representing PAP-certifiable civilian security guards employed by 
    Wackenhut Security, Inc., at DOE's Nevada Test Site, brought suit 
    challenging DOE Order 5610.11, ``NUCLEAR EXPLOSIVE SAFETY,'' which 
    established the Department's nuclear explosive and weapons safety 
    program, including the PAP. The DOE Order was challenged for failure to 
    promulgate it through public notice and comment in compliance with the 
    Administrative Procedure Act, 5 U.S.C. 553. In Independent Guard 
    Association of Nevada v. O'Leary, No. CV-S-92-204-LDG-LRL (D. Nev. June 
    14, 1996), the District Court enjoined DOE from enforcing the 
    requirements section (section 2) of DOE Order 5610.11, Chapter I, 
    against contractor employees pending notice and comment rulemaking 
    under 5 U.S.C. 553. DOE is now publishing this notice of proposed 
    rulemaking to codify the PAP employee certification procedures and 
    standards and other PAP-related policies, including the 
    responsibilities of the Site Occupational Medical Director (SOMD) and 
    other medical personnel. Subject to consideration of comments that are 
    submitted in response to this notice, DOE intends to issue a final rule 
    establishing PAP procedures and standards, including medical assessment 
    requirements applicable to the DOE and contractor employees performing 
    nuclear explosive duties.
        Today's notice of proposed rulemaking contains provisions that are 
    similar to those in a notice of interim procedures and standands DOE 
    published in the Federal Register on October 9, 1996 (61 FR 53018). DOE 
    published the interim procedures and standards after finding good cause 
    for making them immediately effective pending completion of notice and 
    comment rulemaking. The proposal published today goes beyond the 
    interim procedures and standards by proposing, in Subpart B, more 
    detailed administrative procedures and standards for the conduct of 
    medical assessments used for PAP certification and recertification.
    
    II. Description and Basis for Proposed PAP Procedures and Standards
    
        The program elements of certification, periodic recertification, 
    and physical and psychological evaluation for cause are based on DOE's 
    experience, as well as the experience of DOE's predecessor agencies for 
    over 30 years. Both the AEC and ERDA had provisions in their manuals 
    for the PAP, and DOE has had internal administrative directives setting 
    forth PAP policies. Today's proposed rule contains several 
    modifications of the PAP as set forth in DOE directives. This part of 
    the Supplementary Information section discusses the meaning of, and the 
    basis for, those modifications and other proposed provisions of the 
    proposed rule that require explanation.
    
    A. Discussion of Subpart A: Certification, Recertification, and 
    Revocation of PAP Certification
    
        Subpart A includes, with few substantive changes, the provisions of 
    the interim procedures and standards published by DOE on October 9, 
    1996, except for section 11 of the interim procedures and standards 
    dealing with medical assessments. The medical assessment provisions 
    have now been incorporated in an expanded set of medical assessment 
    provisions in Subpart B of this proposed rule.
        Proposed Sec. 711.3 sets forth definitions that apply to this Part. 
    The definitions of ``access,'' ``custody,'' ``nuclear explosive,'' 
    ``nuclear explosive area,'' ``nuclear explosive duties,'' and ``pit'' 
    were developed in consultation with a variety of interested 
    stakeholders and experts and have been included in internal DOE orders 
    and directives. The term ``alcohol use disorder'' is included as a 
    substitute for the term ``alcohol abuse'' that was used in the interim 
    procedures and standards. The definition of ``alcohol use disorder'' is 
    used in the occupational medical field to describe the condition 
    referred to in the interim procedures and standards as alcohol abuse.
        ``Hallucinogen'' is defined, for purposes of PAP, as any 
    hallucinogenic drug or substance that causes flashbacks. A definition 
    of ``flashback'' is included. The basis for these terms is discussed 
    more fully in connection with Sec. 711.5, ``General requirements.'' The 
    definition of ``illegal drug'' tracks the definitions of ``illegal 
    drug'' in 10 CFR 707.4 (``Workplace Substance Abuse Programs at DOE 
    Sites'') and 10 CFR 710.54 (applicable to DOE's Personnel Security 
    Assurance Program).
        Proposed Sec. 711.4 contains general provisions that describe and 
    define the scope of the PAP. Paragraph (a) Would establish that PAP 
    certification is in addition to any other qualification requirements 
    that may apply to a particular job. Paragraph (b) would preserve the 
    contractor's authority to establish stricter standards, including 
    medical standards, for individuals the contractor nominates for PAP 
    certification or recertification. Paragraph (c) would provide that the 
    failure of an individual to be certified or recertified in the PAP 
    shall not, by itself, be cause for questioning the individual's 
    qualification for non-PAP duties or for loss of pay or other employment 
    benefits. While an individual's failure to be recertified in the PAP 
    would not automatically be cause for denial of non-PAP employment or 
    loss of pay, conduct that leads to an individual's removal from the PAP 
    (e.g., participation in illegal drug activity) may be the basis for an 
    adverse personnel management action (e.g., participation in illegal 
    drug activity). Paragraph (e) would grant broad authority to the 
    operations office manager to delegate most PAP responsibilities to 
    lower-level DOE officials. This delegation would provide necessary 
    flexibility in implementing the PAP.
    
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        Proposed Sec. 711.5(b)(3) would require each individual in the PAP 
    to be tested for illegal drugs at least once each calendar year in an 
    unannounced and unpredictable manner. In addition to this random 
    testing, DOE may test an individual for cause or reasonable suspicion 
    of illegal drug use, or after an accident or an unsafe practice 
    involving the individual. Drug testing procedures are dealt with in 
    Sec. 711.42.
        Proposed Sec. 711.5(b)(4), and Sec. 711.43 in Subpart B, set forth 
    a special policy for disqualification from the PAP for hallucinogen 
    use. ``Hallucinogen'' is defined in proposed Sec. 711.3 so as to limit 
    PAP-disqualifying hallucinogens to those hallucinogenic drugs or 
    substances that cause flashbacks. The proposed rule provides that 
    hallucinogen use more than 5 years earlier is not, in itself, an 
    adequate basis for denying certification or recertification. The 5-year 
    rule reflects a period of time that should elapse, as a protective 
    practice, to minimize the likelihood of flashbacks. ``Flashback'' is 
    the term used to describe a transient, spontaneous recurrence of 
    certain aspects of a person's hallucinogen experience. Flashbacks 
    typically have all of the qualities of the original experience, and 
    they are strongly felt. Because flashbacks are sudden, often 
    unpredictable, largely involuntary, dramatic alterations of emotional 
    state, perception, sensation, and behavior, an accident would likely 
    result if a flashback were to occur during the performance of a 
    hazardous task. Flashbacks may occur within a few days after 
    hallucinogen use, or they may occur a few weeks, months, or even years 
    later. In developing the proposed 5-year rule, DOE has consulted with 
    experts at the Alcohol, Drug Abuse and Mental Health Administration of 
    the Department of Health and Human Services. DOE has placed the views, 
    and a review of relevant studies, submitted by the National Institute 
    on Drug Abuse, in the docket established for this rulemaking. Although 
    an individual who used a hallucinogen more than 5 years earlier would 
    be considered for nuclear explosive duties, proposed Sec. 711.43 
    provides that an individual who has used a hallucinogen must undergo a 
    medical evaluation to determine reliability. In addition, the 
    individual must have an acceptable job record and observed behavior.
        Proposed Sec. 711.6 sets forth details of the PAP certification 
    process. Paragraph (a) would assign the PAP certifying official the 
    responsibility for making the initial decision to certify or recertify 
    an individual in the PAP. The PAP certifying official may be the 
    operations office manager, but more typically it will be a lower-level 
    official who has been delegated the certification authority by the 
    operations office manager or, on occasion, by the Secretary of Energy. 
    Paragraph (b) would direct each operations office manager who has 
    jurisdiction over PAP certification to issue implementing instructions 
    that accomplish specified objectives. Because of the varied nature of 
    the workforce at DOE sites, the proposed rule does not dictate the 
    implementation details, but rather sets forth performance standards for 
    PAP implementation.
        Proposed Sec. 711.7 would require PAP administrators to maintain a 
    list of individuals certified in the PAP. The required list would be 
    used for DOE program administration purposes only, and would not be 
    considered as an authorization for an individual to perform PAP duties.
        Proposed Sec. 711.9 would impose an obligation on supervisors to 
    report any observed or reported condition or behavior of a PAP 
    individual that gives rise to a reasonable belief that the individual 
    may not be able to perform assigned tasks in a safe and reliable 
    manner. Proposed Sec. 711.10 would impose the same obligation on 
    individuals in the PAP, including a duty of self-reporting. The non-
    exclusive list in Sec. 711.9(b) includes a variety of conditions and 
    behavior that may raise PAP concerns. It is emphasized the purpose of 
    this reporting is only to determine whether an individual should be 
    removed from nuclear explosive duties.
        Proposed Secs. 711.11 through 711.16 would prescribe the procedures 
    that must be followed for resolving issues related to denial of 
    certification or recertification and revocation of PAP certification. 
    Proposed Sec. 711.11 would provide for the immediate removal of any 
    PAP-certified individual from nuclear explosive duties if a question is 
    raised about that individual's suitability.
        Proposed Sec. 711.12 deals with the evaluation following temporary 
    removal from nuclear explosive duties; the recommendation of the PAP 
    certifying official; and the operations office manager's initial 
    decision and decision following a request for reconsideration or a 
    hearing before a certification review hearing officer.
        Proposed Sec. 711.13 concerns the appointment of a certification 
    review hearing officer and DOE legal counsel. Paragraph (a)(2) would 
    ensure the independence of the hearing officer by providing that the 
    hearing officer may not have prior involvement with the matter for 
    which a hearing is requested, nor be directly supervised by any person 
    who is involved in the matter. Subject to the restrictions in paragraph 
    (a), the operations office manager would have discretion in selecting a 
    hearing officer. Depending on the availability of personnel and the 
    needs of a particular case, the manager may appoint a qualified field 
    office attorney to serve as hearing officer or request the DOE Office 
    of Hearings and Appeals to assign a hearing officer.
        Proposed Sec. 711.16 would provide an individual who has been 
    denied certification or recertification the right to appeal the 
    operations office manager's final decision to the Assistant Secretary 
    for Defense Programs within 20 working days after receipt of the 
    manager's decision.
    
    B. Discussion of Subpart B: Medical Assessments for PAP Certification 
    and Recertification
    
        Subpart B includes the substance of the medical assessment 
    provisions in section 11 of the interim procedures and standards, 
    including the requirements for illegal drug and alcohol use disorder 
    evaluation and testing. In addition, Subpart B contains definitions 
    that apply to the medical assessment program; provisions on the 
    responsibilities of PAP-designated physicians and psychologists, the 
    SOMD, and other DOE officials; general medical standards for PAP 
    certification; and administrative requirements for medical assessments, 
    including provisions for the maintenance of medical records.
        Proposed Sec. 711.22 includes definitions that are used in Subpart 
    B. The focus of a medical assessment under this subpart is on a PAP 
    individual's fitness for duty. The term ``fitness for duty'' is defined 
    to mean that the physical and mental health of a PAP individual is 
    adequate for the performance of nuclear explosive duties in a safe and 
    reliable manner. It is noted that ``fitness for duty'' is narrower than 
    the concept of ``PAP suitability'' used throughout Subpart A. ``PAP 
    suitability'' is a term of longstanding use in the PAP. It encompasses 
    all of the conditions or behavior listed in Sec. 711.9(b), some of 
    which may not involve the physical or mental health of an individual.
        Proposed Sec. 711.30 sets forth the minimum qualifications of 
    designated physicians and their responsibilities. The designated 
    physician at a DOE site may serve multiple functions, including serving 
    as the security designated physician, the Medical Review Officer, and 
    firefighter designated physician. Proposed Sec. 711.31 sets forth the
    
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    minimum qualifications and responsibilities of designated 
    psychologists. The designated psychologist reports directly to the SOMD 
    and has the principal responsibility for assessing the psychological 
    fitness of individuals in the PAP. The SOMD's role in nominating 
    designated physicians and psychologists and overseeing the PAP medical 
    assessment program is covered in proposed Sec. 711.32.
        Proposed Sec. 711.40 contains the general medical standards that 
    must be met by individuals certified in the PAP. An individual must be 
    free of any mental, emotional, physical or medical condition or 
    behavior that is likely to result in impaired ability to perform 
    assigned duties in a safe and reliable manner. Paragraphs (a) through 
    (f) list conditions or behavior that may disqualify an individual from 
    nuclear explosive duties. A medical assessment, conducted as provided 
    in Subpart B, is required to determine whether an individual will be 
    denied initial certification or recertification because of any of the 
    listed conditions or behaviors.
        Proposed Sec. 711.41 establishes requirements for the PAP medical 
    assessment process. Paragraph (a) would give the designated physician 
    the overall responsibility, subject to supervision by the SOMD, for the 
    medical assessment of PAP individuals for certification and 
    recertification. Paragraph (b) would require DOE and contractor 
    employers to provide a job task analysis, as defined in Sec. 711.22, to 
    the designated physician and designated psychologist as a prerequisite 
    to each medical assessment and psychological evaluation. Paragraph (c) 
    would require that medical assessments shall be conducted each time 
    there is a ``medical contact.'' Medical contacts include the medical 
    assessments required for initial recertification, annual 
    recertification, and recertification that occurs following the 
    revocation of an individual's removal from nuclear explosive duties. 
    Medical contacts also occur if an individual is transferred to a 
    different job, is self-referred or referred by his or her employer for 
    evaluation, returns to work after an absence for which an evaluation is 
    required by DOE directives, and if an individual's legal drug use is 
    reviewed.
        Paragraph (d) presents details about medical assessments that 
    involve a psychological evaluation. It refers to the use of a 
    ``generally accepted, self-reporting psychological inventory tool'' 
    together with a ``semi-structured interview'', both of which are 
    required initially. Also, the semi-structured interview is part of the 
    annual medical assessment for recertification, while the psychological 
    inventory tool is required every third year as part of the medical 
    assessment for recertification. The Minnesota Multi-phasic Personality 
    Inventory is an example of a psychological inventory tool. A ``semi-
    structured interview'' means an interview by a designated psychologist 
    who has the latitude to vary the focus and content of the questions 
    depending upon the interviewee's responses.
        Paragraph (f) concerns the handling of completed medical 
    assessments. Paragraph (f)(1) applies in cases of initial certification 
    and recertification in which the PAP individual is determined to meet 
    the requirements for recertification. In such cases, the designated 
    physician is directed to submit the completed medical assessment to the 
    SOMD, who shall forward a recommendation based on the assessment to the 
    individual's administrative organization and the PAP certifying 
    official. Paragraph (f)(2) applies to cases in which a currently 
    certified individual fails to meet the requirements for 
    recertification. In such cases, the designated physician is directed to 
    immediately inform the PAP certifying official and the PAP individual's 
    administrative organization.
        Proposed Sec. 711.42 deals with policies applicable to detecting 
    and acting with regard to positive indications of drug abuse. ``Drug 
    abuse'' is defined in proposed Sec. 711.22 to mean use of an illegal 
    drug or misuse of a legal drug. Paragraph (b) cross-references 10 CFR 
    part 707 which provides DOE's general policy to promote drug-free 
    workplaces, and applies to DOE contractors performing work at DOE-owned 
    or controlled sites. Paragraph (d) establishes conditions on 
    reinstatement in the PAP following rehabilitation. Proposed 
    Sec. 711.43, ``Evaluation of hallucinogen use,'' is discussed in 
    connection with proposed Sec. 711.5, ``General requirements,'' in 
    Subpart A.
        Proposed Sec. 711.44 concerns medical assessments for alcohol use 
    disorder and specifies the blood alcohol concentration level that 
    warrants enforcement action. Based on a review of the practices of the 
    Federal Aviation Administration with regard to airplane pilots (14 CFR 
    91.17(a)(1); 49 CFR 382.505(b)), DOE has adopted the policy of 
    prohibiting alcohol consumption within an 8-hour period preceding 
    nuclear explosive duties and does not permit an individual to perform 
    nuclear explosive duties for a minimum of 24 hours in the event a 
    confirmatory breath alcohol test result is at or above 0.02 percent. 
    Removal from nuclear explosive duties due to results of a confirmatory 
    breath alcohol test could lead to revocation of PAP certification, but 
    there is provision for reinstatement following completion of an 
    approved alcohol treatment program.
        Proposed Sec. 711.45 sets forth requirements that apply to 
    maintenance of medical records. Paragraph (c) would establish stringent 
    protections for psychological records, which are to be maintained 
    separately from other medical records of PAP individuals.
    
    III. Opportunity for Public Comment
    
    A. Written Comment Procedures
    
        Written comments (7 copies) should be identified on the outside of 
    the envelope, and on the comments themselves, with the designation: 
    ``Personnel Assurance Program NOPR, Docket Number DP-RM-97-100'' and 
    must be received by the date specified at the beginning of this notice. 
    In the event any person wishing to submit a written comment cannot 
    provide seven copies, alternative arrangements may be made in advance 
    by calling Ms. Andi Kasarsky at (202) 586-3012.
        All comments received on or before the date specified at the 
    beginning of this notice and other relevant information will be 
    considered by DOE before final action is taken on the proposed rule. 
    All comments submitted will be available for examination in the Rule 
    Docket File in DOE's Freedom of Information Reading Room. In addition, 
    a transcript of the proceedings of the public hearings will be filed in 
    the docket.
        Pursuant to the provisions of 10 CFR 1004.11, any person submitting 
    information or data that is believed to be confidential, and which may 
    be exempt by law from public disclosure, should submit one complete 
    copy, as well as two copies from which the information claimed to be 
    confidential has been deleted. The DOE will make its own determination 
    of any such claim.
    
    B. Public Hearing Procedures
    
        The time and place of the public hearings are indicated at the 
    beginning of this notice. The Department invites any person who has an 
    interest in the proposed regulation, or who is a representative of a 
    group or class of persons which has an interest, to make a request for 
    an opportunity to make an oral presentation at the hearing. Requests to 
    speak should be sent to the address or phone number indicated in the 
    ADDRESSES section of this notice and be received by the time specified 
    in the DATES section of this notice.
    
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        The person making the request should provide a phone number where 
    they may be reached during the day. Each person selected to speak at a 
    public hearing will be notified as to the approximate time that they 
    will be speaking. They should bring seven (7) copies of their statement 
    to the hearing. In the event any person wishing to testify cannot meet 
    this requirement, alternative arrangements may be made in advance with 
    Ms. Andi Kasarsky, (202) 586-3012.
        The DOE reserves the right to select persons to be heard at each 
    hearing, to schedule their presentations, and to establish procedures 
    governing the conduct of the hearing. The length of each presentation 
    will be limited to ten minutes, unless modified based on the number of 
    persons requesting to speak.
        A Departmental official will be designated to preside at the 
    hearing. The hearing will not be a judicial or an evidentiary-type 
    hearing, but will be conducted in accordance with 5 U.S.C. 553 and 
    section 501 of the Department of Energy Organization Act, 42 U.S.C. 
    7191. At the conclusion of all initial oral statements, each person 
    will be given the opportunity to make a rebuttal statement. The 
    rebuttal statements will be given in the order in which the initial 
    statements were made.
        Any further procedural rules needed for the proper conduct of the 
    hearing will be announced by the Presiding Officer at the hearing.
        If DOE must cancel a hearing, DOE will make every effort to publish 
    an advance notice of such cancellation in the Federal Register. Notice 
    of cancellation will also be given to all persons scheduled to speak at 
    the hearing. Hearing dates may be canceled in the event no public 
    testimony has been scheduled in advance.
    
    IV. Procedural Issues and Regulatory Review
    
    A. Review Under Executive Order 12866
    
        Today's regulatory action has been determined not to be a 
    ``significant regulatory action'' under Executive Order 12866 (58 FR 
    51735, October 4, 1993). Accordingly, this rulemaking has not been 
    reviewed by the Office of Information and Regulatory Affairs of the 
    Office of Management and Budget (OMB).
    
    B. Review Under Executive Order 12612
    
        Executive Order 12612 (52 FR 41685, October 30, 1987) requires that 
    regulations, rules, legislation, and other policy actions be reviewed 
    for any substantial direct effect on States, on the relationship 
    between the National Government and the States, or in the distribution 
    of power and responsibilities among various levels of government. If 
    there are substantial effects, then the Executive Order requires the 
    preparation of a federalism assessment to be used in all decisions 
    involved in promulgating and implementing policy action. The Department 
    has analyzed this rulemaking in accordance with the principles and 
    criteria contained in Executive Order 12612, and has determined there 
    are no federalism implications that would warrant the preparation of a 
    Federalism Assessment. The rule proposed today would apply to DOE and 
    DOE contractor personnel employed at defense nuclear facilities. The 
    proposed rule would not have a substantial direct effect on States, the 
    relationship between the States and Federal Government, or the 
    distribution of power and responsibilities among various levels of 
    government.
    
    C. Review Under the Regulatory Flexibility Act
    
        The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires 
    preparation of an initial regulatory flexibility analysis for every 
    rule which by law must be proposed for public comment, unless the 
    agency certifies that the rule, if promulgated, will not have a 
    significant economic impact on a substantial number of small entities. 
    Today's proposed rule would affect a total of approximately 3,300 DOE 
    and contractor employees working at Government-owned or leased 
    facilities. Only a small number of the employees work for a small 
    entity. In addition, the DOE is formalizing a program that has been in 
    place at DOE nuclear explosive facilities for over 30 years, so the 
    economic impact of this proposed rule would be negligible. DOE 
    certifies that the proposed rule, if promulgated, will not have a 
    significant economic impact on a substantial number of small entities. 
    Public comment on this issue is invited.
    
    D. Review Under the National Environmental Policy Act
    
        The proposed rule would amend the PAP program which has been in 
    existence, pursuant to DOE directives, for approximately 30 years. In 
    addition, it relates to personnel qualifications and, if promulgated, 
    would have no impact on the environment. Categorical exclusions A1 and 
    A5 in Appendix A to Subpart D, 10 CFR part 1021 apply to this 
    rulemaking. The Department has therefore determined that neither an 
    environmental assessment nor an environmental impact statement is 
    required.
    
    E. Review Under the Paperwork Reduction Act
    
        The proposed rule does not contain a collection of information that 
    requires the approval of the OMB under the Paperwork Reduction Act, 44 
    U.S.C. 3501, et seq. OMB has defined the term ``information'' to 
    exclude certifications, consents, or acknowledgments that entail only 
    minimal burden. 5 CFR 1320.3(h)(1).
    
    F. Review Under Executive Order 12988
    
        With respect to the review of existing regulations and the 
    promulgation of new regulations, section 3(a) of Executive Order 12988, 
    ``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
    Executive agencies the general duty to adhere to the following 
    requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
    regulations to minimize litigation; and (3) provide a clear legal 
    standard for affected conduct rather than a general standard and 
    promote simplification and burden reduction. Section 3(b) of Executive 
    Order 12988 specifically requires that Executive agencies make every 
    reasonable effort to ensure that the regulation: (1) Clearly specifies 
    the preemptive effect, if any; (2) clearly specifies any effect on 
    existing Federal law or regulation; (3) provides a clear legal standard 
    for affected conduct while promoting simplification and burden 
    reduction; (4) specifies the retroactive effect, if any; (5) adequately 
    defines key terms; and (6) addresses other important issues affecting 
    clarity and general draftsmanship under any guidelines issued by the 
    Attorney General. Section 3(c) of Executive Order 12988 requires 
    Executive agencies to review regulations in light of applicable 
    standards in section 3(a) and section 3(b) to determine whether they 
    are met or it is unreasonable to meet one or more of them. DOE has 
    completed the required review and determined that, to the extent 
    permitted by law, the proposed rule meets the relevant standards of 
    Executive Order 12988.
    
    List of Subjects in 10 CFR Part 711
    
        Administrative practice and procedure, Alcohol abuse, Drug abuse, 
    Government contracts, Government employees, Health, Nuclear safety, 
    Occupational safety and health.
    
    
    [[Page 30474]]
    
    
        Issued in Washington, DC on May 23, 1997.
    Victor H. Reis,
    Assistant Secretary for Defense Programs.
    
    Peter N. Brush,
    Principal Deputy Assistant Secretary for Environment, Safety and 
    Health.
    
        For the reasons set forth in the preamble, Chapter III of title 10 
    of the Code of Federal Regulations is amended by adding new Part 711 to 
    read as set forth below:
    
    PART 711--PERSONNEL ASSURANCE PROGRAM
    
    Subpart A--Certification, Recertification, and Revocation of PAP 
    Certification
    
    Sec.
    711.1  Purpose.
    711.2  Applicability.
    711.3  Definitions.
    711.4  General.
    711.5  General requirements.
    711.6  PAP certification process.
    711.7  Maintenance of PAP personnel list.
    711.8  PAP training requirements.
    711.9  Supervisor reporting.
    711.10  Individual reporting.
    711.11  Immediate removal from nuclear explosive duties.
    711.12  Action following removal from duties.
    711.13  Appointment of certification review hearing officer and 
    legal counsel.
    711.14  Certification review hearing.
    711.15  Hearing officer's submission.
    711.16  Appeal of the operations office manager's final decision.
    
    Subpart B--Medical Assessments for PAP Certification and 
    Recertification
    
    General Provisions
    
    711.20  Applicability.
    711.21  Purpose and scope.
    711.22  Definitions.
    
    Responsibilities and Authorities
    
    711.30  Designated physician.
    711.31  Designated psychologist.
    711.32  Site Occupational Medical Director (SOMD).
    711.33  Director, Office of Occupational Medicine and Medical 
    Surveillance.
    711.34  Operations office managers.
    
    Medical Assessment Process and Standards
    
    711.40  Medical standards for certification.
    711.41  Medical assessment process.
    711.42  Medical assessment for drug abuse.
    711.43  Evaluation of hallucinogen use.
    711.44  Medical assessment for alcohol use disorder.
    711.45  Maintenance of medical records.
    
        Authority: 42 U.S.C. Sec. 2201, 7191.
    
    Subpart A--Certification, Recertification, and Revocation of PAP 
    Certification
    
    
    Sec. 711.1  Purpose.
    
        The purpose of this part is to establish a PAP in the DOE. The PAP 
    is a human reliability program designed to ensure that individuals 
    assigned to nuclear explosive duties do not have emotional, mental, or 
    physical incapacities that could result in a threat to nuclear 
    explosive safety. The PAP establishes the requirements and 
    responsibilities for screening, selecting, and continuously evaluating 
    employees assigned to or being considered for assignment to nuclear 
    explosive duties.
    
    
    Sec. 711.2  Applicability.
    
        (a) This part applies to DOE Headquarters and field elements and 
    DOE contractors that manage, oversee, or conduct nuclear explosive 
    operations and associated activities, and to DOE and contractor 
    employees assigned to nuclear explosive duties.
        (b) The provisions of this part do not apply to responses to 
    unplanned events (e.g., Accident Response Group activities), which are 
    addressed in DOE 5530-Series Orders and DOE Order 151.1, 
    ``Comprehensive Emergency Management System.''
    
    
    Sec. 711.3  Definitions.
    
        Access means proximity to a nuclear explosive that affords a person 
    the opportunity to tamper with it or to cause it to detonate.
        Alcohol use disorder means a maladaptive pattern in which a 
    person's intake of alcohol is great enough to damage or adversely 
    affect physical or mental health or personal, social, or occupational 
    function; or when alcohol has become a prerequisite to normal function.
        Contractor means the contractor and subcontractors at all tiers.
        Custody means responsibility for control of and access to nuclear 
    explosives.
        Flashback means a transient, spontaneous, and often unpredictable 
    recurrence of aspects of a person's use of a hallucinogen that involves 
    dramatic alteration of emotional state, perception, sensation, and 
    behavior.
        Hallucinogen means any hallucinogenic drug or substance that has 
    the potential to cause flashbacks.
        Illegal drug means a controlled substance, as specified in 
    Schedules I through V of the Controlled Substances Act, 21 U.S.C. 811, 
    812. The term ``illegal drug'' does not apply to the use of a 
    controlled substance in accordance with the terms of a valid 
    prescription, or other uses authorized by law.
        Nuclear explosive means an assembly containing fissionable and/or 
    fusionable materials and main charge high explosive parts or 
    propellants capable of producing a nuclear detonation (e.g., a nuclear 
    weapon or test device).
        Nuclear explosive area means any area that contains a nuclear 
    explosive or collocated pit and main charge high explosive parts.
        Nuclear explosive duties means work assignments that allow custody 
    of a nuclear explosive or access to a nuclear explosive device or area.
        Occupational medical program means a DOE program that:
        (1) Assists in the maintenance, monitoring, protection, and 
    promotion of employee health through the skills of occupational 
    medicine, psychology, and nursing; and
        (2) Maintains a close interface with allied health disciplines, 
    including industrial hygiene, health physics, and safety.
        Operations office manager or manager means the manager of a DOE 
    operations office.
        PAP certifying official or certifying official means the operations 
    office manager or the manager's delegate who certifies, recertifies, or 
    reviews the circumstances of an individual's removal from nuclear 
    explosive duties, or another individual who is delegated the 
    certification function by the Secretary of Energy.
        PAP individual means an individual being considered for assignment 
    or assigned to perform nuclear explosive duties.
        Pit means a fissile component, or a set of fissile components, 
    designed to fit in the central cavity of an implosion system and which 
    if placed therein will create a nuclear explosive.
        Site Occupational Medical Director means the physician responsible 
    for the overall direction and operation of the site occupational 
    medical program.
    
    
    Sec. 711.4  General.
    
        (a) PAP certification is required of each individual assigned to 
    nuclear explosive duties in addition to any other job qualification 
    requirements that apply.
        (b) Nothing in this part shall be construed as prohibiting 
    contractors from establishing stricter suitability standards for 
    selecting candidates for nomination to DOE for certification or 
    recertification in the PAP.
        (c) The failure of an individual to be certified or recertified in 
    the PAP shall not, in itself, reflect on the individual's suitability 
    for assignment to other duties or, in itself, be a cause for loss of 
    pay or other benefits or other changes in employment status.
        (d) Personnel management actions based on the consideration of 
    technical competence and other job qualification requirements shall be 
    considered only if they are based on behavior that also
    
    [[Page 30475]]
    
    affects an individual's suitability for the PAP.
        (e) The use of any hallucinogen having the potential to cause 
    flashbacks is incompatible with PAP duties and must be evaluated prior 
    to certification or recertification.
        (f) Except for the functions in Sec. 711.12 (d), (e) and (h), an 
    operations office manager may delegate PAP functions to a deputy 
    manager, assistant manager, division director, and/or area office 
    manager.
    
    
    Sec. 711.5  General requirements.
    
        (a) Each PAP individual shall be certified in the PAP before being 
    assigned to nuclear explosive duties and shall be recertified annually, 
    not to exceed 12 months between recertifications.
        (b) To be certified or recertified in the PAP, an individual 
    shall--
        (1) Have an active final DOE Q access authorization;
        (2) Sign an acknowledgment and agreement to participate in the PAP 
    on a form provided by DOE;
        (3) Be interviewed and briefed on the importance of the nuclear 
    explosive duty assignment and PAP objectives and requirements;
        (4) Complete a medical assessment for certification and 
    recertification in accordance with subpart B of this part;
        (5) Not have used any hallucinogen in the preceding 5 years, and 
    shall not be susceptible to flashbacks resulting from use of any 
    hallucinogen more than 5 years before applying for certification or 
    recertification; and
        (6) Be tested for illegal drugs at least once each calendar year in 
    an unannounced and unpredictable manner; an individual may be tested 
    for cause or reasonable suspicion or after an accident or an unsafe 
    practice involving the individual.
        (c) If an individual in the PAP refuses to submit a urine sample 
    for illegal drug testing or attempts deception by substitution, 
    adulteration, or other means, DOE immediately shall remove the 
    individual from nuclear explosive duties.
        (d) An individual's PAP certification shall be revoked if use of an 
    illegal drug is confirmed through drug testing, as provided in 
    Sec. 711.42 of subpart B.
        (e) An individual whose PAP certification is revoked may be 
    reinstated in the PAP if the individual successfully completes an SOMD-
    approved drug rehabilitation program, as provided in Sec. 711.42 of 
    subpart B.
        (f) If an individual chooses to not participate in the PAP, he or 
    she shall sign a refusal of consent form provided by DOE.
    
    
    Sec. 711.6  PAP certification process.
    
        (a) The PAP certifying official shall determine each PAP 
    individual's suitability for certification or recertification in the 
    PAP and review the circumstances concerning an individual's removal 
    from nuclear explosive duties and possible recertification.
        (b) Each operations office manager who exercises jurisdiction over 
    PAP certification shall issue instructions for implementing the PAP. At 
    a minimum, the instructions shall provide for:
        (1) Conducting a supervisory interview of each PAP individual, 
    during which the supervisor shall determine the individual's 
    willingness to accept the requirements and conditions of the PAP;
        (2) Ensuring that each PAP individual undergoes a medical 
    assessment under subpart B of this part;
        (3) Ensuring that the personnel security file of each PAP 
    individual is reviewed by a DOE employee trained to identify PAP 
    concerns before the individual is certified or recertified;
        (4) Ensuring that other available personnel data or information 
    about each PAP individual is reviewed by an employee trained to 
    identify PAP concerns before the individual is certified or 
    recertified;
        (5) Allowing the exchange of information about a PAP individual 
    among responsible DOE officials during the certification, 
    recertification, or certification revocation process;
        (6) Requesting certification or recertification of a contractor 
    employee when the contractor has determined, on the basis of all 
    available information, that the individual is suitable for the PAP. The 
    contractor requesting certification or recertification shall, in 
    writing, assure the PAP certifying official that all PAP certification 
    requirements have been met;
        (7) Addressing any requirement not met during the recertification 
    process, and requiring a contractor to provide any additional personal 
    data or information in its possession that may have a bearing on 
    recertification of an individual;
        (8) Documenting certification and recertification of each PAP 
    individual on a form provided by DOE;
        (9) Developing a mechanism for co-workers, supervisors, and 
    managers to communicate concerns about a PAP individual's suitability 
    for nuclear explosive duties;
        (10) Ensuring that PAP concerns are reported to an appropriate 
    official, as specified in Secs. 711.9 and 711.10, for timely 
    resolution; and
        (11) Providing that the processing of a request for certification 
    or recertification of an individual is terminated if the individual is 
    no longer being considered for assignment to nuclear explosive duties 
    or is no longer assigned to such duties. If, subsequently, the 
    individual is considered for assignment to nuclear explosive duties, 
    the certification or recertification process must be completely redone.
    
    
    Sec. 711.7  Maintenance of PAP personnel list.
    
        Operations office managers who conduct PAP certification and 
    recertification shall establish procedures for developing and 
    maintaining a current list of DOE and contractor personnel certified in 
    the PAP. The list is to be used for program administration and is not 
    an authorization for personnel to perform nuclear explosive duties. The 
    list shall be promptly updated and verified on a quarterly basis.
    
    
    Sec. 711.8  PAP training requirements.
    
        (a) Operations office managers shall ensure that each individual 
    who is assigned to nuclear explosive duties receives special training 
    in PAP objectives, policies, and requirements.
        (b) Operations office managers shall ensure that DOE and contractor 
    supervisory personnel and PAP certifying officials receive training 
    that includes:
        (1) A detailed explanation of nuclear explosive duties and nuclear 
    explosive safety;
        (2) Instruction on PAP objectives, policies, and requirements;
        (3) Instruction on the early identification of behavior that may 
    indicate a degradation in reliability or judgment; and
        (4) Special emphasis on the importance of timely reporting of any 
    PAP concern to appropriate personnel.
        (c) Operations office managers shall ensure that medical personnel 
    who perform medical assessments receive, before performing PAP 
    responsibilities, training that includes:
        (1) A detailed explanation of nuclear explosive duties and nuclear 
    explosive safety;
        (2) Instruction on PAP objectives, policies, and requirements;
        (3) An orientation on nuclear explosive processing and the work 
    environment in nuclear explosive areas;
        (4) Annual professional training on current issues and concerns 
    relative to psychological assessment; and
        (5) Special emphasis on the importance of timely reporting of any 
    PAP concern to appropriate personnel.
    
    [[Page 30476]]
    
        (d) Operations office managers shall establish and maintain a 
    system for documenting the training received by PAP-certified 
    individuals, supervisors of PAP personnel, and medical personnel with 
    PAP-related duties.
    
    
    Sec. 711.9  Supervisor reporting.
    
        (a) Supervisors shall document and report to a PAP official and the 
    SOMD, if appropriate, any observed or reported behavior or condition of 
    an individual that causes the supervisor to have a reasonable belief 
    that the individual's ability to perform assigned tasks in a safe and 
    reliable manner may be impaired.
        (b) Behavior and conditions that could indicate unsuitability for 
    the PAP include, but are not limited to, the following:
        (1) Psychological or physical disorders that impair performance of 
    assigned duties;
        (2) Conduct that is illegal or results in arrest or conviction;
        (3) Indications of deceitful or delinquent behavior;
        (4) Attempted or threatened destruction of property or life;
        (5) Suicidal tendencies or attempted suicide;
        (6) Use of illegal drugs or the abuse of legal drugs or other 
    substances;
        (7) Alcohol use disorder;
        (8) Recurring financial irresponsibility;
        (9) Irresponsibility in performing assigned duties;
        (10) Inability to deal with stress, or the appearance of being 
    under unusual stress;
        (11) Failure to understand work directives, hostility or aggression 
    toward fellow workers or authority, uncontrolled anger, violation of 
    safety or security procedures, or repeated absenteeism; and
        (12) Significant behavioral changes, moodiness, depression, or 
    other evidence of loss of emotional control.
    
    
    Sec. 711.10  Individual reporting.
    
        (a) An individual in the PAP shall report any observed or reported 
    behavior or condition of another PAP individual that could indicate the 
    individual's unsuitability for nuclear explosive duties, including the 
    behaviors and conditions listed in Sec. 711.9, to a supervisor, the 
    SOMD, or a PAP official.
        (b) An individual in the PAP shall report any behavior or 
    condition, including any behavior or condition listed in Sec. 711.9, 
    that may affect his or her own suitability for nuclear explosive duties 
    to a supervisor, the SOMD, or a PAP official.
    
    
    Sec. 711.11  Immediate removal from nuclear explosive duties.
    
        (a) A supervisor who has a reasonable belief that an individual in 
    the PAP is not suitable for nuclear explosive duties shall immediately 
    remove that individual from those duties pending a determination of the 
    individual's suitability. The supervisor shall, at a minimum, require 
    the individual to stop performing nuclear explosive duties and deny the 
    individual access to nuclear explosive areas.
        (b) A supervisor who removes an individual from nuclear explosive 
    duties shall notify the PAP certifying official of the action and the 
    reasons that led to the removal of the individual from nuclear 
    explosive duties as soon as possible, and shall forward this 
    information, in writing, to the PAP certifying official within 24 
    hours.
        (c) Immediate removal of an individual from nuclear explosive 
    duties is an interim, precautionary action and does not constitute a 
    determination that the individual is not fit for nuclear explosive 
    duties. Removal from nuclear explosive duties shall not, in itself, be 
    cause for loss of pay or other benefits or other changes in employment 
    status.
    
    
    Sec. 711.12  Action following removal from duties.
    
        (a) Temporary removal. If a PAP certifying official receives a 
    supervisor's written notice of the immediate removal of an individual 
    from nuclear explosive duties, the certifying official shall direct the 
    removal of the individual from PAP duties pending an evaluation and 
    determination regarding the individual's suitability for nuclear 
    explosive duties.
        (b) Evaluation. The PAP certifying official shall conduct an 
    evaluation of the circumstances or information that led the supervisor 
    to remove the individual from nuclear explosive duties. The PAP 
    certifying official shall prepare a written report of the evaluation 
    that includes the certifying official's determination regarding the 
    individual's suitability for continuing PAP certification.
        (c) PAP certifying official's action. (1) If the PAP certifying 
    official determines that an individual who has been temporarily removed 
    from nuclear explosive duties continues to meet the requirements for 
    certification in the PAP, the certifying official shall:
        (i) Notify the operations office manager of the determination; and
        (ii) Notify the individual's supervisor of the determination and 
    direct that the individual be allowed to return to nuclear explosive 
    duties.
        (2) If the PAP certifying official determines that an individual 
    who has been temporarily removed from PAP duties does not meet the 
    requirements for certification in the PAP, the certifying official 
    shall refer the matter to the operations office manager for action. The 
    certifying official shall submit the evaluation report to the 
    operations office manager and a recommendation that the individual's 
    PAP certification be revoked.
        (d) Operations office manager's initial decision. After receipt of 
    a PAP certifying official's evaluation report and recommendation for 
    revoking an individual's PAP certification, the operations office 
    manager shall take one of the following actions:
        (1) Direct that the individual be reinstated in the PAP and, in 
    writing, explain the reasons and factual basis for the action;
        (2) Direct the revocation of the individual's PAP certification 
    and, in writing, explain the reasons and factual basis for the 
    decision; or
        (3) Direct continuation of the temporary removal pending completion 
    of specified actions (e.g., medical assessment, security evaluation, 
    treatment) to resolve the concerns about the individual's suitability 
    for the PAP.
        (e) Reinstatement after completion of specified actions. An 
    individual directed by the operations office manager to take specified 
    actions to resolve PAP concerns shall be reevaluated by the certifying 
    official after those actions have been completed. After considering the 
    PAP certifying official's evaluation report and recommendation, the 
    operations office manager shall direct either:
        (1) Reinstatement of the individual in the PAP; or
        (2) Revocation of the individual's PAP certification.
        (f) Notification of operations office manager's initial decision. 
    The operations office manager shall send by certified mail, return 
    receipt requested, a written decision to an individual who is denied 
    certification or recertification. The operations office manager's 
    decision shall be accompanied by notification to the individual, in 
    writing, of the procedures in paragraph (g) of this section and 
    Secs. 711.14--711.16 pertaining to reconsideration or review of the 
    manager's decision.
        (g) Request for reconsideration or certification review hearing. An 
    individual who receives notification of an operation office manager's 
    decision to deny or revoke their PAP certification may choose one of 
    the following options:
        (1) Take no action;
    
    [[Page 30477]]
    
        (2) Submit a written request to the operations office manager for 
    reconsideration of the decision to deny or revoke certification. The 
    request shall include the individual's response to any information that 
    gave rise to a concern about the individual's suitability for nuclear 
    explosive duties. The statement shall be signed under oath or 
    affirmation before a notary public, and must be received by the 
    operations office manager within 20 working days after the individual 
    received notice of the office manager's decision; or
        (3) Submit a written request to the operations office manager for a 
    certification review hearing. The request for a hearing must be 
    received by the operations office manager within 20 working days after 
    the individual receives notice of the office manager's decision.
        (h) Operations office manager's decision after reconsideration or 
    hearing. (1) If an individual requests reconsideration by the 
    operations office manager but not a certification review hearing, the 
    manager shall, within 20 working days, send by certified mail, return 
    receipt requested, to the individual a final decision as to suitability 
    based upon the individual's response and other relevant information 
    available to the manager.
        (2) If an individual requests a certification review hearing, the 
    operations office manager shall decide the matter after receipt of the 
    certification review hearing officer's submission, as provided in 
    Sec. 711.15. The operations office manager shall, within 20 working 
    days, send by certified mail, return receipt requested, the manager's 
    final decision to the individual, accompanied by a copy of the hearing 
    officer's findings and recommendations, and the transcript of the 
    certification review proceedings.
    
    
    Sec. 711.13  Appointment of a certification review hearing officer and 
    legal counsel.
    
        (a) After receiving an individual's request for a certification 
    review hearing, the operations office manager shall promptly appoint a 
    certification review hearing officer. The hearing officer shall:
        (1) Be a DOE attorney or a hearing official from the DOE Office of 
    Hearings and Appeals and have a DOE Q access authorization; and
        (2) Have no prior involvement in the matter or be directly 
    supervised by any person who is involved in the matter.
        (b) The operations office manager shall also appoint a DOE attorney 
    as counsel for DOE, who shall assist the hearing officer by:
        (1) Obtaining evidence;
        (2) Arranging for the appearance of witnesses;
        (3) Examining and cross-examining witnesses; and
        (4) Notifying the individual in writing, at least 7 working days in 
    advance, of the scheduled place, date, and hour where the hearing will 
    take place.
    
    
    Sec. 711.14  Certification review hearing.
    
        (a) The certification review hearing officer shall conduct the 
    proceedings in an orderly and impartial manner to protect the interests 
    of both the Government and the individual.
        (b) An individual who requests a certification review hearing shall 
    have the right to appear personally before the hearing officer; to 
    present evidence in his own behalf, through witnesses or by documents, 
    or by both; and be accompanied and represented at the hearing by 
    counsel of the individual's choosing and at the individual's own 
    expense.
        (c) In conducting the proceedings, the certification review hearing 
    officer shall:
        (1) Receive all information relating to the individual's fitness 
    for PAP certification through witnesses or documentation;
        (2) Ensure that the individual is permitted to offer information in 
    his or her behalf; to call, examine, and cross-examine witnesses and 
    other persons who have made written or oral statements, except as 
    provided in paragraph (c)(3) of this section, and to present and 
    examine documentary evidence;
        (3) Have the option to receive and consider oral or written 
    statements adverse to the individual without affording the individual 
    the opportunity to cross-examine the person making the statement in 
    either of the following circumstances:
        (i) The substance of the statement was contained in the 
    individual's personnel security file before the question as to the 
    individual's fitness for PAP certification arose, and the head of the 
    Federal agency supplying the statement certifies that the person who 
    furnished the information is a confidential informant who has been 
    engaged in obtaining intelligence information for the Government, and 
    that the disclosure of that person's identity would substantially harm 
    the national security; or
        (ii) The substance of the statement was contained in the 
    individual's personnel security file before the question as to the 
    individual's fitness for PAP certification arose, and the Assistant 
    Secretary for Defense Programs or designee for that particular purpose 
    has determined, after considering information furnished by the 
    investigative agency concerning the reliability of the person and the 
    accuracy of the statement, that --
        (A) The statement appears to be reliable and material;
        (B) Failure of the hearing officer to receive and consider such 
    statement would substantially harm the national security; and
        (C) The person who furnished the information cannot appear to 
    testify due to death or severe illness, or due to some other good cause 
    as determined only by the Assistant Secretary for Defense Programs;
        (4) Ensure that if the procedures in paragraph (c)(3) of this 
    section are used, the individual is given a description of the 
    information, which shall be as comprehensive and detailed as the 
    national security permits. In addition, if a statement is received 
    under paragraph (c)(3)(ii), the identity of the person making the 
    statement and the information to be considered shall be made available 
    to the individual. The hearing officer shall give appropriate 
    consideration to the fact that the individual did not have an 
    opportunity to cross-examine such person;
        (5) Require the testimony of the individual and all witnesses be 
    given under oath or affirmation;
        (6) Request that the Assistant Secretary for Defense Programs issue 
    subpoenas for witnesses to attend the hearing or for the production of 
    specific documents or other physical evidence; and
        (7) Ensure that a transcript of the certification review 
    proceedings is made.
    
    
    Sec. 711.15  Hearing officer's submission.
    
        Not later than 30 working days after the conclusion of the hearing, 
    the certification review hearing officer shall forward written 
    findings, a supporting statement of reasons, and recommendations 
    regarding the individual's suitability for certification or 
    recertification in the PAP to the operations office manager. The 
    hearing officer's decision shall be accompanied by a copy of the record 
    of the proceedings.
    
    
    Sec. 711.16  Appeal of the operations office manager's final decision.
    
        (a) An individual who has been denied PAP certification or 
    recertification, or whose certification has been revoked, may appeal 
    the operations office manager's decision to the Assistant Secretary for 
    Defense Programs. The appeal must be received by the Assistant 
    Secretary for Defense
    
    [[Page 30478]]
    
    Programs no later than 20 working days after the individual receives 
    the operations office manager's decision.
        (b) An individual who appeals an operations office manager's 
    decision to the Assistant Secretary for Defense Programs must submit 
    the appeal and a written supporting statement to the Assistant 
    Secretary for Defense Programs through the operations office manager 
    and the Deputy Assistant Secretary for Military Application and 
    Stockpile Management. The individual must also submit:
        (1) A copy of the operations office manager's final decision and 
    any related documentation; and
        (2) If a certification review hearing was conducted, a copy of the 
    hearing officer's findings and recommendations and the transcript or 
    record of the proceedings.
        (c) Upon receipt of an individual's appeal and supporting 
    documents, the Assistant Secretary for Defense Programs shall review 
    all of the information and issue a written decision in the matter. The 
    decision of the Assistant Secretary for Defense Programs shall be 
    final.
        (d) If an individual does not appeal to the Assistant Secretary for 
    Defense Programs within the time specified in paragraph (a) of this 
    section, the operations office manager's decision shall be final.
    
    Subpart B--Medical Assessments for PAP Certification and 
    Recertification
    
    General Provisions
    
    
    Sec. 711.20  Applicability.
    
        This subpart establishes standards and procedures for conducting 
    medical assessments of DOE and contractor employees in the PAP.
    
    
    Sec. 711.21  Purpose and scope.
    
        The standards and procedures set forth in this subpart are 
    necessary for DOE to:
        (a) Identify the presence of any mental, emotional, or behavioral 
    characteristics or conditions that present or are likely to present an 
    unacceptable impairment in judgment, reliability, or fitness of an 
    individual to perform nuclear explosive duties safely;
        (b) Facilitate the early diagnosis and treatment of disease or 
    impairment and to foster accommodation and rehabilitation of a disabled 
    individual with the intent of returning the individual to assigned 
    nuclear explosive duties;
        (c) Determine what functions an employee may be able to perform and 
    to facilitate the proper placement of employees; and
        (d) Provide for continuing monitoring of the health status of 
    employees in order to facilitate early detection and correction of 
    adverse health effects, trends, or patterns.
    
    
    Sec. 711.22  Definitions.
    
        In addition to the definitions in subpart A of this part, the 
    following definitions apply to this subpart:
        Designated physician means a licensed doctor of medicine or 
    osteopathy who has been nominated by the SOMD with the concurrence of 
    the Director, Office of Occupational Medicine and Medical Surveillance, 
    to provide professional expertise in the area of occupational medicine 
    as it relates to the PAP.
        Designated psychologist means a licensed Ph.D. or Psy.D. clinical 
    psychologist who has been nominated by the SOMD with the concurrence of 
    the Director, Office of Occupational Medicine and Medical Surveillance, 
    to provide professional expertise in the area of psychological 
    assessment as it relates to the PAP.
        Diagnostic and Statistical Manual for Mental Disorders means the 
    current version of the American Psychiatric Association's manual 
    containing definitions of psychiatric terms and diagnostic criteria of 
    mental disorders .
        Director, Office of Occupational Medicine and Medical Surveillance, 
    means the chief occupational medical officer of the DOE with 
    responsibility for policy and quality assurance for DOE occupational 
    medical programs.
        Drug abuse means use of an illegal drug or misuse of legal drugs.
        Fitness for duty means that the physical and mental health of a PAP 
    individual is adequate for the performance of nuclear explosive duties 
    in a safe and reliable manner.
        Impairment means a decrease in functional capacity of a worker 
    caused by a physical, mental, emotional, substance abuse, or behavioral 
    disorder.
        Job task analysis means a statement outlining the essential 
    functions of a job and the potential exposures and hazards of an 
    individual's specific job.
        Medical assessment means an evaluation of a PAP individual's 
    present health status and health risk factors by means of:
        (1) A historical review;
        (2) The job task analysis;
        (3) A physical examination;
        (4) Appropriate laboratory tests and measurements; and
        (5) Appropriate psychological and psychiatric evaluations.
        Medical Review Officer (MRO) means a licensed doctor of medicine or 
    osteopathy who has knowledge of substance abuse disorders and 
    appropriate medical training to interpret drug test results. The MRO 
    may also be the designated physician and/or SOMD.
        Semi-Structured Interview means an interview by a designated 
    psychologist who has the latitude to vary the focus and content of the 
    questions depending upon the interviewee's responses.
    
    Responsibilities and Authorities
    
    
    Sec. 711.30  Designated physician.
    
        (a) The designated physician shall be qualified to provide 
    professional expertise in the area of occupational medicine as it 
    relates to the PAP. The designated physician may serve in other 
    capacities, including Medical Review Officer.
        (b) The designated physician shall:
        (1) Be a physician who is a graduate of an accredited school of 
    medicine or osteopathy;
        (2) Have a valid, unrestricted state license to practice medicine 
    in the state where PAP medical assessments occur;
        (3) Have met the applicable PAP training requirements; and
        (4) Be eligible for DOE access authorization to the worksite.
        (c) The designated physician shall be responsible for the medical 
    assessments of PAP individuals, including determining which components 
    of the medical assessments may be performed by other qualified 
    personnel. Although a portion of the assessment may be performed by 
    another physician, physician's assistant, or nurse practitioner, the 
    designated physician remains responsible for:
        (1) Supervising the evaluation process;
        (2) Interpreting the results of evaluations;
        (3) Documenting medical conditions that disqualify an individual or 
    that may in the future disqualify an individual from the PAP;
        (4) Providing medical assessment information to the designated 
    psychologist to assist in determining psychological fitness;
        (5) Determining the location and date of the next required medical 
    assessment, thereby establishing the period of certification; and
        (6) Signing a recommendation for certification or recertification 
    of an individual.
        (d) The designated physician shall immediately report to the SOMD 
    any of the following about himself or herself:
        (1) Initiation of an adverse action by any state medical licensing 
    board or any other professional licensing board;
        (2) Initiation of an adverse action by any Federal regulatory board 
    since the last designation;
    
    [[Page 30479]]
    
        (3) The withdrawal of the privilege to practice by any institution;
        (4) Being named a defendant in any criminal proceedings (felony or 
    misdemeanor) since the last designation;
        (5) Being evaluated or treated for alcohol use disorder or drug 
    dependency or abuse since the last designation; or
        (6) Occurrence of a physical or mental health condition since the 
    last designation that might affect his or her ability to perform 
    professional duties.
    
    
    Sec. 711.31  Designated psychologist.
    
        (a) The designated psychologist shall report to the SOMD and shall 
    determine the psychological fitness of an individual to participate in 
    the PAP. The results of this evaluation shall be provided only to the 
    designated physician or the SOMD.
        (b) The designated psychologist shall:
        (1) Hold a doctoral degree from a clinical psychology program that 
    included a 1-year clinical internship approved by the American 
    Psychological Association or an equivalent program;
        (2) Have accumulated a minimum of 3 years postdoctoral clinical 
    experience with a major emphasis in psychological assessment;
        (3) Have a valid, unrestricted state license to practice clinical 
    psychology in the state where PAP medical assessments occur;
        (4) Have met the applicable PAP training requirements; and
        (5) Be eligible for DOE access authorization to the worksite.
        (c) The designated psychologist shall be responsible for the 
    performance of all psychological evaluations of PAP individuals, and 
    otherwise as directed by the SOMD. In addition, the designated 
    psychologist shall:
        (1) Designate which components of the psychological evaluation may 
    be performed by other qualified personnel;
        (2) Upon request of management, assess the psychological fitness of 
    personnel for PAP duties in specific work settings and recommend 
    referrals as indicated;
        (3) Conduct and coordinate educational and training seminars, 
    workshops, and meetings to enhance PAP individual and supervisor 
    awareness of mental health issues;
        (4) Establish regular personal workplace contact with supervisors 
    and workers to help them identify psychologically distressed PAP 
    individuals;
        (5) Make referrals for psychiatric, psychological, substance abuse, 
    personal or family problems, and monitor the progress of individuals so 
    referred; and
        (6) Participate as a member of the hostage negotiations team as 
    required by the emergency management center.
        (d) The designated psychologist shall immediately report to the 
    SOMD any of the following about himself or herself:
        (1) Initiation of an adverse action by any state medical licensing 
    board or any other professional licensing board;
        (2) Initiation of an adverse action by any Federal regulatory board 
    since the last designation;
        (3) The withdrawal of the privilege to practice by any institution;
        (4) Being named a defendant in any criminal proceeding (felony or 
    misdemeanor) since the last designation;
        (5) Being evaluated or treated for alcohol or drug dependency or 
    abuse since the last designation; or
        (6) Occurrence of a physical or mental health condition that might 
    affect his or her ability to perform professional duties since the last 
    designation.
    
    
    Sec. 711.32  Site Occupational Medical Director (SOMD).
    
        (a) The SOMD shall nominate a physician to serve as the designated 
    physician and a clinical psychologist to serve as the designated 
    psychologist. The nominations shall be sent through the appropriate 
    operations office to the Director, Office of Occupational Medicine and 
    Medical Surveillance. Each nomination shall describe the nominee's 
    relevant training, experience, and licensure, and shall include a 
    curriculum vitae and a copy of the nominee's current state or district 
    license.
        (b) The SOMD shall submit a redesignation report biennially through 
    the operations office to the Director, Office of Occupational Medicine 
    and Medical Surveillance. This report shall be submitted at least 60 
    days before the second anniversary of the initial designation or of the 
    last redesignation, whichever applies. The report shall include:
        (1) A statement evaluating the performance of the designated 
    physician and designated psychologist during the previous designation 
    period;
        (2) A summary of all PAP-relevant training, including postgraduate 
    education, that the designated physician and designated psychologist 
    has completed since the last designation; and
        (3) A copy of the valid, unrestricted license of the designated 
    physician and designated psychologist.
        (c) The SOMD shall submit, annually, to the Director, Office of 
    Occupational Medicine and Medical Surveillance, through the operations 
    office manager, a written report summarizing PAP medical activity 
    during the previous year. The SOMD shall comply with any DOE directives 
    specifying the form or contents of the annual report.
        (d) The SOMD shall investigate any reports of problems regarding a 
    designated physician or designated psychologist, and the SOMD may 
    suspend either official from PAP-related duties. If the SOMD suspends 
    either official, the SOMD shall notify the Director, Office of 
    Occupational Medicine and Medical Surveillance, and provide supporting 
    documentation and reasons for the action.
    
    
    Sec. 711.33  Director, Office of Occupational Medicine and Medical 
    Surveillance.
    
        The Director, Office of Occupational Medicine and Medical 
    Surveillance, shall:
        (a) Develop policies, standards, and guidance related to the 
    medical aspects of the PAP, including the psychological testing 
    inventory to be used;
        (b) Review the qualifications of designated physicians and 
    designated psychologists, and concur or nonconcur in their designations 
    by sending a statement to the responsible program office and the 
    operations office, with an informational copy to the SOMD;
        (c) Provide technical assistance on medical aspects of the PAP to 
    all elements of DOE and DOE contractors; and
        (d) Concur or nonconcur with the medical bases of decisions 
    rendered on appeals of PAP certification decisions.
    
    
    Sec. 711.34  Operations office managers.
    
        Operations office managers shall approve, upon the nomination of 
    the SOMD and concurrence of the Director, Office of Occupational 
    Medicine and Medical Surveillance, physicians and psychologists to 
    serve as designated physicians and designated psychologists.
    
    Medical Assessment Process and Standards
    
    
    Sec. 711.40  Medical standards for certification.
    
        To be certified in the PAP, an individual shall be free of any 
    mental, emotional, or physical condition or behavior likely to result 
    in impaired ability to perform assigned duties in a safe and reliable 
    manner. The designated physician, with the assistance of the designated 
    psychologist, shall determine whether any of the following disqualify 
    an individual from performing nuclear explosive duties:
    
    [[Page 30480]]
    
        (a) Physical or medical disabilities such as visual acuity, 
    defective color vision, impaired hearing, musculoskeletal deformities, 
    and neuromuscular impairment;
        (b) Mental disorders or behavioral problems as defined in the 
    Diagnostic and Statistical Manual of Mental Disorders;
        (c) Past or present use of illegal drugs or the abuse of legal 
    drugs or other substances, as identified by self-reporting, or by 
    medical or psychological evaluation or testing;
        (d) Alcohol use disorder;
        (e) Past or present threat of suicide, homicide, or physical harm; 
    or
        (f) Cardiovascular disease, endocrine disease, cerebrovascular or 
    other neurologic disease, or the use of drugs for the treatment of such 
    conditions that may adversely affect the judgment or ability of an 
    individual to perform assigned duties in a safe and reliable manner.
    
    
    Sec. 711.41  Medical assessment process.
    
        (a) The designated physician, under the supervision of the SOMD, 
    shall be responsible for the medical assessment of PAP individuals. In 
    carrying out this responsibility, the designated physician shall 
    integrate the medical evaluations, drug testing results, psychological 
    evaluations, any psychiatric evaluations, and any other relevant 
    information to determine an individual's overall medical qualification 
    for assigned duties.
        (b) Employers shall provide a job task analysis for each PAP 
    individual to both the designated physician and the designated 
    psychologist before each medical assessment and psychological 
    evaluation. PAP medical assessments and psychological evaluations shall 
    not be performed if a job task analysis has not been provided.
        (c) The designated physician shall consider a PAP individual's 
    fitness for duty at the time of each medical contact, including:
        (1) Medical assessments for initial certification, annual 
    recertification, and special evaluations for recertification following 
    temporary removal from the PAP;
        (2) Intermediate evaluations, including job transfer evaluations, 
    evaluations upon self-referral, and referral by management;
        (3) Routine medical contacts, including routine return-to-work 
    evaluations and occupational and nonoccupational health counseling 
    sessions; and
        (4) A review of current, legal drug use.
        (d) Psychological evaluation. (1) For the initial certification, 
    the psychological evaluation consists of a generally accepted, self-
    reporting psychological inventory tool approved by the Director, Office 
    of Occupational Medicine and Medical Surveillance, and a semistructured 
    interview.
        (2) For recertification, the psychological evaluation consists of a 
    semistructured interview.
        (3) Every third year, the medical assessment for recertification 
    shall include a generally accepted self-reporting psychological 
    inventory tool approved by the Director, Office of Occupational 
    Medicine and Medical Surveillance.
        (4) Additional psychological evaluations may be required by the 
    SOMD when needed to resolve PAP concerns.
        (e) Following absences requiring return-to-work evaluations under 
    applicable DOE directives, the designated physician, with assistance 
    from the designated psychologist, shall determine whether a 
    psychological evaluation is necessary.
        (f)(1) Except as provided in paragraph (f)(2) of this section, the 
    designated physician shall forward the completed medical assessment of 
    a PAP individual to the SOMD, who shall send a recommendation based on 
    the assessment simultaneously to the individual's PAP administrative 
    organization and to the PAP certifying official.
        (2) If the designated physician determines that a currently 
    certified individual no longer meets the PAP standards, the designated 
    physician shall immediately inform the PAP certifying official and the 
    PAP individual's administrative organization, following up in writing 
    as appropriate.
        (g) Only the designated physician, subject to informing the SOMD, 
    shall make a medical recommendation for return to work and work 
    accommodations for PAP individuals.
        (h) The following documentation is required for routine use in the 
    PAP program after treatment of a PAP individual for any disqualifying 
    condition:
        (1) A summary of the diagnosis, treatment, current status, and 
    prognosis to be furnished to the designated physician;
        (2) The medical opinion of the designated physician advising the 
    individual's supervisor on whether the individual is able to return to 
    work in either a PAP or non-PAP capacity; and
        (3) Any periodic monitoring plan approved by the designated 
    physician, the designated psychologist, and the SOMD, that is used to 
    evaluate the reliability of the employee.
    
    
    Sec. 711.42  Medical assessment for drug abuse.
    
        (a) Except as otherwise provided by this section, a medical 
    assessment for illegal drug use by DOE employees shall be conducted 
    under DOE Order 3792.3, ``Drug-Free Federal Workplace Testing 
    Implementation Program.'' Copies of DOE Orders are available for 
    inspection in the DOE Freedom of Informaiton Reading Room, Washington, 
    DC.
        (b) Except as otherwise provided by this section, a medical 
    assessment for illegal drug use by contractor employees shall be 
    conducted under 10 CFR part 707, ``Workplace Substance Abuse Programs 
    at DOE Sites.''
        (c) In each case of drug abuse, the SOMD, in consultation with the 
    designated psychologist, shall evaluate the individual for evidence of 
    psychological impairment and make a recommendation to the PAP 
    certifying official as to the individual's reliability.
        (d) After successfully completing an SOMD-approved drug 
    rehabilitation program, and subject to SOMD-directed unannounced tests 
    for illegal drugs and relevant counseling for 3 years, DOE may 
    reinstate an individual in the PAP based on the SOMD's follow-up 
    evaluation and recommendation.
    
    
    Sec. 711.43  Evaluation of hallucinogen use.
    
        If DOE determines that a PAP individual has used any hallucinogen, 
    the individual shall not be eligible for certification or 
    recertification unless:
        (a) Five years have passed since the last use of the hallucinogen;
        (b) A medical evaluation is performed to determine that the 
    individual is reliable; and
        (c) The individual has a record of acceptable job performance and 
    observed behavior.
    
    
    Sec. 711.44  Medical assessment for alcohol use disorder.
    
        (a) If alcohol abuse is suspected, an individual shall be examined 
    for evidence of alcohol use disorder. If the examination produces 
    evidence of alcohol use disorder, additional evaluation shall be 
    conducted, which may include psychological evaluation.
        (b) Alcohol consumption is prohibited within an 8-hour period 
    preceding and during the performance of nuclear explosive duties. DOE 
    shall implement or require the contractor to implement procedures that 
    will ensure that persons called in to perform unscheduled work are fit 
    to perform the tasks assigned.
        (c) Individuals in the PAP shall be tested at the work site if 
    there is an
    
    [[Page 30481]]
    
    indication of alcohol use in violation of the requirements of paragraph 
    (b) of this section.
        (d) Tests for alcohol must be administered by a certified Breath 
    Alcohol Technician using an evidential-grade breath analysis device 
    that conforms to the Department of Transportation's (DOT) National 
    Highway Traffic Safety Administration (NHTSA) model specifications, and 
    the most recent ``Conforming Products List'' issued by NHTSA which are 
    available from the Office of Traffic Safety Programs, Washington, DC.
        (e) An individual whose confirmatory breath alcohol test result is 
    at or above a blood alcohol concentration of 0.02 percent shall not be 
    allowed to perform nuclear explosive duties for a minimum of 24 hours.
        (f) Individuals refusing to submit to a breath alcohol test shall 
    be immediately removed from nuclear explosive duties.
        (g) The SOMD, in conjunction with the designated psychologist, 
    shall evaluate each case of alcohol use disorder for evidence of 
    psychological impairment and provide the PAP certifying official a 
    recommendation as to the individual's reliability.
        (h) After successfully completing an SOMD-approved alcohol 
    treatment program, DOE may reinstate an individual in the PAP based on 
    the SOMD's follow-up evaluation and recommendation.
    
    
    Sec. 711.45  Maintenance of medical records.
    
        (a) Medical records produced or used in the PAP certification 
    process shall be maintained according to established professional 
    standards.
        (b) The medical records of PAP individuals shall be maintained in 
    accordance with the Privacy Act, 5 U.S.C.Sec. 552a, and DOE 
    implementing regulations in 10 CFR part 1008; the Department of Labor's 
    regulations on access to employee exposure and medical records, 29 CFR 
    1910.20; and applicable DOE orders and directives.
        (c) The psychological record of a PAP individual shall be 
    considered a component of the medical record. The psychological record 
    shall --
        (1) Contain any clinical reports, test protocols and data, notes of 
    employee contacts and correspondence, and other information pertaining 
    to an individual's contact with a psychologist;
        (2) Be stored in a secure location in the custody of the designated 
    psychologist;
        (3) Be kept separate from other medical record documents, with 
    access limited to the SOMD, the designated physician, the designated 
    psychologist, or other persons who are authorized by law or regulation 
    to have access; and
        (4) Be retained indefinitely.
        (d) The records of alcohol and drug testing shall be maintained in 
    accordance with 42 CFR part 2, ``Confidentiality of Alcohol and Drug 
    Abuse Patient Records,'' and 10 CFR part 707, ``Workplace Substance 
    Abuse Programs at DOE Sites.''
    
    [FR Doc. 97-14416 Filed 6-3-97; 8:45 am]
    BILLING CODE 6450-01-P
    
    
    

Document Information

Published:
06/04/1997
Department:
Energy Department
Entry Type:
Proposed Rule
Action:
Notice of Proposed Rulemaking and Public Hearings.
Document Number:
97-14416
Dates:
Written comments (7 copies) on the proposed rule must be received by the Department on or before August 4, 1997.
Pages:
30469-30481 (13 pages)
Docket Numbers:
Docket No. DP-RM-97-100
RINs:
1992-AA14: Personnel Assurance Program
RIN Links:
https://www.federalregister.gov/regulations/1992-AA14/personnel-assurance-program
PDF File:
97-14416.pdf
CFR: (32)
10 CFR 711.43
10 CFR 711.1
10 CFR 711.2
10 CFR 711.3
10 CFR 711.4
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