[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR26.20]

[Page 439-440]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 26_FITNESS FOR DUTY PROGRAMS--Table of Contents
 
Sec. 26.20  Written policy and procedures.

    Each licensee subject to this part shall establish and implement 
written policies and procedures designed to meet the general performance 
objectives and specific requirements of this part. Each licensee shall 
retain a copy of the current written policy and procedures as a record 
until the Commission terminates each license for which the policy and 
procedures were developed and, if any portion of the policies and 
procedures are superseded, retain the superseded material for three 
years after each change. As a minimum, written policies and procedures 
must address fitness for duty through the following:
    (a) An overall description of licensee policy on fitness for duty. 
The policy must address use of illegal drugs and abuse of legal drugs 
(e.g., alcohol, prescription and over-the-counter drugs). Written policy 
documents must be in sufficient detail to provide affected individuals 
with information on what is expected of them, and what consequences may 
result from lack of adherence to the policy. As a minimum, the written 
policy must prohibit the consumption of alcohol--
    (1) Within an abstinence period of at least 5 hours preceding any 
scheduled working tour, and
    (2) During the period of any working tour.

Licensee policy should also address other factors that could affect 
fitness for duty such as mental stress, fatigue and illness.
    (b) A description of programs which are available to personnel 
desiring assistance in dealing with drug, alcohol, or other problems 
that could adversely affect the performance of activities within the 
scope of this part.
    (c) Procedures to be utilized in testing for drugs and alcohol, 
including procedures for protecting the employee and the integrity of 
the specimen, and the quality controls used to ensure the test results 
are valid and attributable to the correct individual.
    (d) A description of immediate and follow-on actions which will be 
taken, and the procedures to be utilized, in those cases where 
employees, vendors, or contractors assigned to duties within the scope 
of this part are determined to have been involved in the use, sale, or 
possession of illegal drugs; or to have consumed alcohol during the 
mandatory pre-work abstinence period, while on duty, or to excess prior 
to reporting to duty as demonstrated with a test that can be used to 
determine blood alcohol concentration.
    (e) A procedure that will ensure that persons called in to perform 
an unscheduled working tour are fit to perform the task assigned. As a 
minimum, this procedure must--
    (1) Require a statement to be made by a called-in person as to 
whether he or she has consumed alcohol within the

[[Page 440]]

length of time stated in the pre-duty abstinence policy;
    (2) If alcohol has been consumed within this period, require a 
determination of fitness for duty by breath analysis or other means; and
    (3) Require the establishment of controls and conditions under which 
a person who has been called-in can perform work, if necessary, although 
alcohol has been consumed. Consumption of alcohol during the abstinence 
period shall not by itself preclude a licensee from using individuals 
needed to respond to an emergency.
    (f) The Commission may at any time review the licensee's written 
policy and procedures to assure that they meet the performance 
objectives of this part.