[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: 10CFR712.19]

[Page 383-384]
 
                            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. 712.19  Removal from HRP.

    (a) Immediate removal. A supervisor who has a reasonable belief that 
an HRP-certified individual is not reliable, based on either a safety or 
security concern, must immediately remove that individual from HRP 
duties pending a determination of the individual's reliability. A 
supervisor also must immediately remove an individual from HRP duties 
when requested to do so by the HRP certifying official. The supervisor 
must, at a minimum:
    (1) Require the individual to stop performing HRP duties;
    (2) Take action to ensure the individual is denied both escorted and 
unescorted access to the material access areas; and
    (3) Provide, within 24 hours, to the individual and the HRP 
management official, a written reason for these actions.
    (b) The temporary removal of an HRP-certified individual from HRP 
duties pending a determination of the individual's reliability is an 
interim, precautionary action and does not constitute a determination 
that the individual is not fit to perform his or her required duties. 
Removal is not, in itself, cause for loss of pay, benefits, or other 
changes in employment status.
    (c) Temporary removal. (1) If an HRP management official receives a 
supervisor's written notice of the immediate removal of an HRP-certified 
individual, that official must direct the temporary removal of the 
individual pending an evaluation and determination of the individual's 
reliability.
    (2) If removal is based on a security concern, the HRP management 
official must notify the HRP certifying official and the applicable DOE 
personnel security office. The security concern will be resolved under 
the criteria and procedures in 10 CFR part 710, subpart A.
    (3) If removal is based on a concern that is not security related, 
the HRP management official must conduct an evaluation of the 
circumstances or information that led the supervisor to remove the 
individual from HRP duties. The HRP management official must prepare a 
written report of the evaluation that includes a determination of the 
individual's reliability for continuing HRP certification.
    (4) If the HRP management official determines that an individual who 
has been temporarily removed continues to meet the requirements for 
certification, the HRP management official must:
    (i) Notify the individual's supervisor of the determination and 
direct that the individual be allowed to return to HRP duties;
    (ii) Notify the individual; and
    (iii) Notify the HRP certifying official.
    (5) If the HRP management official determines that an individual who 
has been temporarily removed does not meet the HRP requirements for 
certification, the HRP management official must forward the written 
report to the HRP certifying official. If the HRP certifying official is 
not the Manager, the HRP certifying official must review the written 
report and take one of the following actions:
    (i) Direct that the individual be reinstated and provide written 
explanation of the reasons and factual bases for the action;
    (ii) Direct continuation of the temporary removal pending completion 
of specified actions (e.g., medical assessment, treatment) to resolve 
the concerns about the individual's reliability; or
    (iii) Recommend to the Manager the revocation of the individual's 
certification and provide written explanation of the reasons and factual 
bases for the decision.
    (d) The Manager, on receiving the HRP management official's written 
report and the HRP certifying official's recommendation (if any), must 
take one of the following actions:
    (1) Direct reinstatement of the individual and provide written 
explanation of the reasons and factual bases for the action;
    (2) Direct revocation of the individual's HRP certification; or
    (3) Direct continuation of the temporary removal pending completion 
of specified actions (e.g., medical assessment, treatment) to resolve 
the concerns about the individual's reliability.

[[Page 384]]

    (e) If the action is revocation, the Manager must provide the 
individual a copy of the HRP management official's report. The Manager 
may withhold such a report, or portions thereof, to the extent that he 
or she determines that the report, or portions thereof, may be exempt 
from access by the employee under the Privacy Act or the Freedom of 
Information Act.
    (f) If an individual is directed by the Manager to take specified 
actions to resolve HRP concerns, he or she must be reevaluated by the 
HRP management official and HRP certifying official after those actions 
have been completed. After considering the HRP management and HRP 
certifying officials' report and recommendation, the Manager must direct 
either:
    (1) Reinstatement of the individual; or
    (2) Revocation of the individual's HRP certification.
    (g) Notification of Manager's initial decision. The Manager must 
send by certified mail (return receipt requested) a written decision, 
including rationale, to the HRP-certified individual whose certification 
is revoked. The Manager's decision must be accompanied by notification 
to the individual, in writing, of the procedures pertaining to 
reconsideration or a hearing on the Manager's decision.