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Changes to the "Mandatory Guidelines for Federal Work Place Drug Testing Programs"
UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION & OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS WASHINGTON, D.C. 20555 August 4, 1994 NRC ADMINISTRATIVE LETTER 94-09: CHANGES TO THE "MANDATORY GUIDELINES FOR FEDERAL WORK PLACE DRUG TESTING PROGRAMS" Addressees All holders of operating licenses or construction permits for nuclear power reactors, and all licensees authorized to possess or transport Category I nuclear materials. Purpose The U.S. Nuclear Regulatory Commission (NRC) is issuing this administrative letter to inform addressees of changes made by the U.S. Department of Health and Human Services (HHS) to its "Mandatory Guidelines for Federal Workplace Drug Testing Programs" (HHS Guidelines). This administrative letter does not transmit or imply any new requirements or staff positions. No specific action or written response is required. Background On June 9, 1994, HHS published a revision to its HHS Guidelines in the Federal Register (59 FR 29908). A copy of that Federal Register notice is being sent directly to Fitness-for-Duty (FFD) Program Managers. The NRC extensively used the HHS Guidelines in preparing Appendix A to Part 26 of Title 10 of the Code of Federal Regulations (10 CFR Part 26). The staff is preparing proposed amendments to 10 CFR Part 26, including Appendix A, to incorporate lessons learned since the FFD programs began and to address the changes made to the HHS Guidelines. However, the NRC will not publish the final revision to Part 26 for some time. Discussion The change in the HHS Guidelines that could have the greatest effect on licensees is the reduction in the cutoff level for initial screening tests for marijuana from 100 ng/ml to 50 ng/ml. HHS, through its laboratory certification program, will confirm the ability of each laboratory to perform tests at the 50 ng/ml level. HHS expects that most of the laboratory testing will be done at this cutoff level. The Department of Transportation regulated programs and the testing of Federal employees are to be conducted under the lower levels by September 1, 1994. 9407290416AL 94-09 August 4, 1994 Page 2 of 2 The NRC anticipates that certified laboratories may propose that licensees test specimens at the lower cutoff level to improve efficiency and possibly reduce cost. The provisions of 10 CFR 26.24(b), which permit the use of lower levels, allow licensees to test at this lower level if they so choose. This administrative letter requires no specific action or written response. If you have any questions, please contact one of the contacts below or the appropriate Office of Nuclear Reactor Regulation (NRR) project manager. /s/'d bu RFBurnett /s/'d by BKGrimes Robert F. Burnett, Director Brian K. Grimes, Director Division of Fuel Cycle SafetyDivision of Operating Reactor Support and Safeguards Office of Nuclear Reactor Regulation Office of Nuclear Material Safety and Safeguards Contacts: Loren L. Bush, NRR (301) 504-2944 Charles Gaskin, NMSS (301) 415-8116 Attachment: List of Recently Issued NRC Administrative Letters
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