[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR712.11]

[Page 375-376]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 712_HUMAN RELIABILITY PROGRAM--Table of Contents
 
  Subpart A_Establishment of and Procedures for the Human Reliability 
                                 Program
 
Sec. 712.11  General requirements for HRP certification.

    (a) The following certification requirements apply to each 
individual applying for or in an HRP position:
    (1) A DOE ``Q'' access authorization based on a background 
investigation, except for security police officers who have been granted 
an interim ``Q'' through the Accelerated Access Authorization Program;
    (2) The annual submission of SF-86, OMB Control No. 3206-0007, 
Questionnaire for National Security Positions, Part 2, and an annual 
review of the personnel security file;
    (3) Signed releases, acknowledgments, and waivers to participate in 
the HRP on forms provided by DOE;
    (4) Completion of initial and annual HRP instruction as provided in 
Sec. 712.17;
    (5) Successful completion of an initial and annual supervisory 
review, medical assessment, management evaluation, and a DOE personnel 
security

[[Page 376]]

review for certification and recertification in accordance with this 
part. With respect to the DOE personnel security review:
    (i) If the DOE personnel security review is not completed within the 
12-month time period and the individual's access authorization is not 
suspended, the HRP certification form shall be forwarded to the HRP 
certifying official for recertification or temporary removal, contingent 
upon a favorable security review;
    (ii) If a final determination has been made by DOE personnel 
security that is favorable, this information shall be forwarded to the 
HRP certifying official and so noted on the certification form; or
    (iii) If the final determination has been made by DOE personnel 
security that the access authorization has been suspended, the 
individual shall be immediately removed from the HRP position, the HRP 
certifying official notified, the information noted on the certification 
form, and the procedures outlined in 10 CFR part 710, subpart A, shall 
be followed.
    (6) No use of any hallucinogen in the preceding five years and no 
experience of flashback resulting from the use of any hallucinogen more 
than five years before applying for certification or recertification;
    (7) A psychological evaluation consisting of a generally accepted 
psychological assessment (test) and a semi-structured interview;
    (8) An initial drug test and random drug tests for the use of 
illegal drugs at least once each 12 months in accordance with DOE 
policies implementing Executive Order 12564 or the relevant provisions 
of 10 CFR part 707 for DOE contractors, and DOE Order 3792.3, ``Drug-
Free Federal Workplace Testing Implementation Program,'' for DOE 
employees;
    (9) An initial alcohol test and random alcohol tests at least once 
each 12 months using an evidential-grade breath alcohol device, as 
listed without asterisks on the Conforming Products List of Evidential 
Breath Measurement Devices published by the NHTSA (49 CFR part 40); and
    (10) Successful completion of a counterintelligence evaluation, 
which includes a counterintelligence-scope polygraph examination in 
accordance with DOE's Polygraph Examination Regulation, 10 CFR part 709, 
and any subsequent revisions to that regulation.
    (b) Each HRP candidate must be certified in the HRP before being 
assigned to HRP duties and must be recertified annually, not to exceed 
12 months between recertifications. For certification:
    (1) Individuals in newly identified HRP positions must immediately 
sign the releases, acknowledgments, and waivers to participate in the 
HRP and complete initial instruction on the importance of security, 
safety, reliability, and suitability. If these requirements are not met, 
the individual must be removed from the HRP position.
    (2) All remaining HRP requirements listed in paragraph (a) of this 
section must be completed in an expedited manner.
    (c) Alcohol consumption is prohibited within an eight-hour period 
preceding scheduled work for individuals performing nuclear explosive 
duties and for individuals in specific positions designated by either 
the Manager, the NNSA Administrator, his or her designee, or the 
appropriate Lead Program Secretarial Officer, or his or her designee.
    (d) Individuals reporting for unscheduled nuclear explosive duties 
and those specific positions designated by either the Manager, the NNSA 
Administrator or his or her designee, or the appropriate Lead Program 
Secretarial Officer, or his or her designee, will be asked prior to 
performing any type of work if they have consumed alcohol within the 
preceding eight-hour period. If they answer ``no,'' they may perform 
their assigned duties but still may be tested.
    (e) HRP-certified individuals may be tested for alcohol and/or drugs 
in accordance with Sec. 712.15(b), (c), (d) and (e) if they are 
involved in an incident, unsafe practice, or an occurrence, or if there 
is reasonable suspicion that they may be impaired.