Frequently Asked Questions About Managing Fatigue - 10 CFR 26.203 - General Provisions

• Implementation Schedule
  • Q1. 10 CFR 26.203(a) states that licensees shall establish a policy for the management of fatigue for all individuals who are subject to the licensee's Fitness-for-Duty (FFD) program, and incorporate it into the written policy required in §26.27(b), which is required to be completed by March 31, 2009. Is this implying that a fatigue assessment for all individuals (not just for a work hour waiver or what is required as part of Subpart I) needs to be implemented by March 31, 2009, or September 2009?
• Recordkeeping
  • Q2. 10 CFR 26.203(d) specifies required records pertaining to Subpart I, Item (2) discusses "records of shift schedules and shift cycles…." Do these records need to show both the original planned schedule and the actual hours worked, or just the actual schedule/hours worked?
• Reporting
  • Q3. Discuss 24 hr reportable events in 26.719.

Implementation Schedule

Q1. 10 CFR 26.203(a) states that licensees shall establish a policy for the management of fatigue for all individuals who are subject to the licensee's Fitness-for-Duty (FFD) program, and incorporate it into the written policy required in §26.27(b), which is required to be completed by March 31, 2009. Is this implying that a fatigue assessment for all individuals (not just for a work hour waiver or what is required as part of Subpart I) needs to be implemented by March 31, 2009, or September 2009?

Licensees are not required to implement the fatigue management requirements in Subpart I, including the requirements for conducting fatigue assessments and the processes for granting a waiver, until the end of the 18-month implementation period. The 18-month implementation period for Subpart I ends October 1, 2009. Thus, the requirement in 10 CFR 26.203(a) to incorporate a fatigue management policy into the written policy required in §26.27(b) must be completed by October 1, 2009.

Recordkeeping

Q2. 10 CFR 26.203(d) specifies required records pertaining to Subpart I, Item (2) discusses "records of shift schedules and shift cycles…." Do these records need to show both the original planned schedule and the actual hours worked, or just the actual schedule/hours worked?

Both schedules and actual hours worked are required to be retained for 3 years. 10 CFR 26.203(d)(2) requires shift schedules and shift cycles to be retained and 10 CFR 26.203(d)(1) requires records of the actual work hours to be retained. (A series of shift cycles makes up a shift schedule.) These records are necessary to ensure that documentation of the licensee's fatigue management program is retained and available for NRC inspectors to verify that licensees are complying with the work hour requirements.

Reporting

Q3. Discuss 24 hr reportable events in 26.719.

A 24 hour report is required when any licensed person, FFD program person, or supervisor perform a significant violation of the licensee FFD policy or perform any intentional act that casts doubt on the integrity of the FFD program. An example of a significant violation is a conflict of interest when performing a fatigue assessment.

Note: The information herein is provided as a public service and solely for informational purposes and is not, nor should be deemed as, an official NRC position, opinion or guidance, or "a written interpretation by the General Counsel" under 10 CFR 26.7, on any matter to which the information may relate.  The opinions, representations, positions, interpretations, guidance or recommendations which may be expressed by the NRC technical staff responding to your inquiry are solely the NRC technical staff's and do not necessarily represent the same for the NRC.   Accordingly, the fact that the information was obtained through the NRC technical staff will not have a precedential effect in any legal or regulatory proceeding.