U.S. Nuclear Regulatory Commission

Ellis Fischel State Cancer Hospital - Violation of 10 CFR 19.16 (c)

HPPOS-123 PDR-9111210285

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

Applicability: All