[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: 10CFR26.71]

[Page 445-446]
 
                            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), 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

[[Page 446]]

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]