[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: 10CFR712.13]

[Page 378]
 
                            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. 712.13  Supervisory review.

    (a) The supervisor must ensure that each HRP candidate and each 
individual occupying an HRP position but not yet HRP certified, executes 
the appropriate HRP releases, acknowledgments, and waivers. If these 
documents are not executed:
    (1) The request for HRP certification may not be further processed 
until these requirements are completed; and
    (2) The individual is immediately removed from the position.
    (b) Each supervisor of HRP-certified personnel must conduct an 
annual review of each HRP-certified individual during which the 
supervisor must evaluate information (including security concerns) 
relevant to the individual's suitability to perform HRP tasks in a 
reliable and safe manner.
    (c) The supervisor must report any concerns resulting from his or 
her review to the appropriate HRP management official. Types of behavior 
and conditions that would indicate a concern include, but are not 
limited to:
    (1) Psychological or physical disorders that impair performance of 
assigned duties;
    (2) Conduct that warrants referral for a criminal investigation or 
results in arrest or conviction;
    (3) Indications of deceitful or delinquent behavior;
    (4) Attempted or threatened destruction of property or life;
    (5) Suicidal tendencies or attempted suicide;
    (6) Use of illegal drugs or the abuse of legal drugs or other 
substances;
    (7) Alcohol use disorders;
    (8) Recurring financial irresponsibility;
    (9) Irresponsibility in performing assigned duties;
    (10) Inability to deal with stress, or the appearance of being under 
unusual stress;
    (11) Failure to comply with work directives, hostility or aggression 
toward fellow workers or authority, uncontrolled anger, violation of 
safety or security procedures, or repeated absenteeism; and
    (12) Significant behavioral changes, moodiness, depression, or other 
evidence of loss of emotional control.
    (d) The supervisor must immediately remove an HRP-certified 
individual from HRP duties, pursuant to Sec. 712.19, and temporarily 
reassign the individual to a non-HRP position if the supervisor believes 
the individual has demonstrated a security or safety concern that 
warrants such removal. If temporary removal is based on a security 
concern, the HRP management official must immediately notify the 
applicable DOE personnel security office and the HRP certifying 
official.
    (1) Based on the DOE personnel security office recommendation, the 
HRP certifying official will make the final decision about whether to 
reinstate an individual into an HRP position.
    (2) If temporary removal is based on a medical concern, the 
Designated Physician, the Designated Psychologist, or the SOMD must 
immediately recommend the medical removal or medical restriction in 
writing to the appropriate HRP management official, who will make the 
final determination in temporary removal actions and immediately notify 
the appropriate HRP certifying official.
    (e) The supervisor must immediately remove from HRP duties any 
Federal employee who does not obtain HRP recertification. The supervisor 
may reassign the individual or realign the individual's current duties. 
If these actions are not feasible, the supervisor must contact the 
appropriate personnel office for guidance.
    (f) The supervisor who has been informed by the breath alcohol 
technician that an HRP-certified individual's confirmatory breath 
alcohol test result is at or above an alcohol concentration of 0.02 
percent shall send the individual home and not allow that individual to 
perform HRP duties for 24 hours, and inform the HRP management official 
of this action.