[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: 10CFR26.71]

[Page 447-448]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 26--FITNESS FOR DUTY PROGRAMS--Table of Contents
 
Sec. 26.71  Recordkeeping requirements.

    Each licensee subject to this part and each contractor and vendor 
implementing a licensee approved program under the provisions of Sec. 
26.23 shall--
    (a) Retain records of inquiries conducted in accordance with Sec. 
26.27(a),

[[Page 448]]

that result in the granting of unescorted access to protected areas, 
until five years following termination of such access authorizations;
    (b) Retain records of confirmed positive test results which are 
concurred in by the Medical Review Officer, and the related personnel 
actions for a period of at least five years;
    (c) Retain records of persons made ineligible for three years or 
longer for assignment to activities within the scope of this part under 
the provisions of Sec. 26.27(b) (2), (3), (4) or (c), until the 
Commission terminates each license under which the records were created; 
and
    (d) Collect and compile fitness-for-duty program performance data on 
a standard form and submit this data to the Commission within 60 days of 
the end of each 6-month reporting period (January-June and July-
December). The data for each site (corporate and other support staff 
locations may be separately consolidated) must include: random testing 
rate; drugs tested for and cut-off levels, including results of tests 
using lower cut-off levels and tests for other drugs; workforce 
populations tested; numbers of tests and results by population, and type 
of test (i.e., pre-access, random, for-cause, etc.); substances 
identified; summary of management actions; and a list of events 
reported. The data must be analyzed and appropriate actions taken to 
correct program weaknesses. The data and analysis must be retained for 
three years. Any licensee choosing to temporarily suspend individuals 
under the provisions of Sec. 26.24(d) must report test results by 
process stage (i.e., onsite screening, laboratory screening, 
confirmatory tests, and MRO determinations) and the number of temporary 
suspensions or other administrative actions taken against individuals 
based on onsite unconfirmed screening positives for marijuana (THC) and 
for cocaine.

[54 FR 24494, June 7, 1989, as amended at 57 FR 55444, Nov. 25, 1992]