U.S. Nuclear Regulatory Commission
Ellis Fischel State Cancer Hospital - Violation of 10 CFR 19.16 (c)
Title: Ellis Fischel State Cancer Hospital - Violation of
10 CFR 19.16 (c)
See the memorandum from D. Thompson to J. G. Keppler dated
February 27, 1981. The authority of the Department of Labor
(DOL) in employee protection does not abridge NRC authority
to investigate alleged discrimination and take enforcement
action. The preservation of the flow of safety information
to NRC must entail enforcement actions of both DOL and NRC.
Although 10 CFR 19.16 (c) is no longer in the regulations,
the material is still applicable.
It is a matter of NRC policy that the authority of the DOL
in employee protection matters does not in any way abridge
the NRC's preexisting authority under Section 161 of the
Atomic Energy Act to investigate an alleged act of
discrimination and to take appropriate enforcement action.
The NRC's goal in such matters is to protect the flow of
health and safety information needed to further regulatory
responsibilities. The actions of DOL focus primarily on
the protection of the individual employee. It is the NRC
belief that the preservation of this flow of safety
information to the NRC must entail the enforcement actions
of both DOL and NRC, the former to insulate employees from
adverse actions resulting from their cooperation with the
NRC, and the latter to communicate clearly to the industry
that the NRC will not tolerate acts of discrimination
against employees as a result of such cooperation.
Regulatory references: 10 CFR 19.16, Atomic Energy Act
Subject codes: 12.7, 12.13, 12.19