[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR26.3]

[Page 439-440]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 26--FITNESS FOR DUTY PROGRAMS--Table of Contents
 
Sec. 26.3  Definitions.

    Aliquot means a portion of a specimen used for testing.
    Category IA Material means strategic special nuclear material (SSNM) 
directly useable in the manufacture of a nuclear explosive device, 
except if:
    (1) The dimensions are large enough (at least 2 meters in one 
dimension, greater than 1 meter in each of two dimensions, or greater 
than 25 cm in each of three dimensions) to preclude hiding the item on 
an individual;
    (2) The total weight of 5 formula kilograms of SSNM plus its matrix 
(at least 50 kilograms) cannot be carried inconspicuously by one person; 
or
    (3) The quantity of SSNM (less than 0.05 formula kilogram) in each 
container requires protracted diversions in order to accumulate 5 
formula kilograms.
    Commission means the Nuclear Regulatory Commission or its duly 
authorized representatives.
    Confirmatory test means a second analytical procedure to identify 
the presence of a specific drug or drug metabolite which is independent 
of the initial

[[Page 440]]

screening test and which uses a different technique and chemical 
principle from that of the initial screening test in order to ensure 
reliability and accuracy. For determining blood alcohol levels, a 
``confirmatory test'' means a second test using another breath alcohol 
analysis device. Further confirmation upon demand will be by gas 
chromatography analysis of blood.
    Confirmed positive test means the result of a confirmatory test that 
has established the presence of drugs, drug metabolites, or alcohol in a 
specimen at or above the cut-off level, and that has been deemed 
positive by the Medical Review Officer (MRO) after evaluation. A 
``confirmed positive test'' for alcohol can also be obtained as a result 
of a confirmation of blood alcohol levels with a second breath analysis 
without MRO evaluation.
    Contractor means any company or individual with which the licensee 
has contracted for work or service to be performed inside the protected 
area boundary, either by contract, purchase order, or verbal agreement.
    Cut-off level means the value set for designating a test result as 
positive.
    Follow-up testing means chemical testing at unannounced intervals, 
to ensure that an employee is maintaining abstinence from the abuse of 
drugs or alcohol.
    Illegal drugs means those drugs included in Schedules I through V of 
the Controlled Substances Act (CSA), but not when used pursuant to a 
valid prescription or when used as otherwise authorized by law.
    Initial or screening tests means an immunoassay screen for drugs or 
drug metabolites to eliminate ``negative'' urine specimens from further 
consideration or the first breathalyzer test for alcohol. Initial 
screening may be performed at the licensee's testing facility; a second 
screen and confirmation testing for drugs or drug metabolites must be 
conducted by a HHS-certified laboratory.
    Medical Review Officer means a licensed physician responsible for 
receiving laboratory results generated by an employer's drug testing 
program who has knowledge of substance abuse disorders and has 
appropriate medical training to interpret and evaluate an individual's 
positive test result together with his or her medical history and any 
other relevant biomedical information.
    Protected area has the same meaning as in Sec. 73.2(g) of this 
chapter, an area encompassed by physical barriers and to which access is 
controlled.
    Random test means a system of unannounced drug testing administered 
in a statistically random manner to a group so that all persons within 
that group have an equal probability of selection.
    Suitable inquiry means best-effort verification of employment 
history for the past five years, but in no case less than three years, 
obtained through contacts with previous employers to determine if a 
person was, in the past, tested positive for illegal drugs, subject to a 
plan for treating substance abuse, removed from, or made ineligible for 
activities within the scope of 10 CFR part 26, or denied unescorted 
access at any other nuclear power plant or other employment in 
accordance with a fitness-for-duty policy.
    Transporter means a general licensee pursuant to 10 CFR 70.20a, who 
is authorized to possess formula quantities of SSNM in the regular 
course of carriage for another or storage incident thereto, and includes 
the driver or operator of any conveyance, and the accompanying guards or 
escorts.
    Vendor means any company or individual, not under contract to a 
licensee, providing services in protected areas.

[54 FR 24494, June 7, 1989, as amended at 58 FR 31469, June 3, 1993]