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Frequently Asked Questions About Managing Fatigue - 10 CFR 26.205 - Work Hours

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Break Requirements
- Q1. Below is a proposed schedule that has a 3-week rotating cycle. This schedule runs 8 hours a day from 0800–1600. Would this schedule meet the 34-hour break period requirement?
Calculation of Work Hours
- Q2. Should unpaid meetings between a licensee and a covered worker that result from a union contract requirement be counted as work hours? Also, should the time spent by the union representative in these same meetings be counted as work hours?
  Although grievance meetings may not result in paid hours, they are required by a mutual agreement between the licensee and the workers union. The NRC staff disposition of Comment 13 in Appendix B to Regulatory Guide 5.73, "Fatigue Management for Nuclear Power Plant Personnel," states, "The NRC staff agrees that 'unpaid union business,' like any other activity that may occur on site that is not performed for the licensee, may be considered personal time in which an individual is on site but is not performing covered work." Is this sufficient justification to exclude grievance meetings from work hour calculations?
  Should a union member who has a morning grievance meeting with a licensee before an evening work shift count the time spent in the grievance meeting as work hours under the fatigue rule? The union member might argue that the meeting, while not paid time, was a requirement of the contract and that resolution of workplace disputes should be considered to be "performing duties for the licensee."
- Q3. Thoughts on "professional time," the time spent working above and beyond a 40 hour week, which has typically been expected of supervisors and managers. For example shift managers attending management meetings, was the intent of the rule to end or curtail professional development?
- Q4. To implement the required 34-hour break for each 9-day period, is it necessary to use a "sliding window" to ensure that every single 216-hour period contains a complete 34-hour break?
- Q5. The 10 CFR 26.205 (d)(1)(iii) says that work hours may not exceed 72 work hours in any 7 day period. Also, 10 CFR 26.205 (d)(2)(ii) states that licensees shall ensure that individuals have, at a minimum, a 34-hour break in any 9 day period. For the purposes of Subpart I can 7 days be interpreted as 168 hours and can 9 days be interpreted to be 216 hours?
- Q6. If, during a shift cycle, a security crew has a training week where they are not performing security duties as armed security force officers, alarm station operators, response team leaders, or watchpersons, do those hours spent on-site during the training week count in calculating work hours [10 CFR 26.205(b)]?
- Q7. In response to the COVID-19 public health emergency, many licensees have imposed fleet- or site-wide policies requiring that employees either get vaccinated against COVID-19 or undergo periodic COVID-19 testing.
  For sites imposing such requirements, does the time spent by individual workers getting vaccinated or undergoing testing need to be included when calculating work hours for those individuals, in accordance with 10 CFR 26.205?
Incidental Duties
- Q8. Does a phone call at home while you are on your 12-hour break in between shifts interrupt your required rest time under the new guidelines?
Minimum Days Off
- Q9. For the calculation of the minimum number of days off a person is required to have, is it correct that the only requirement is to use the planned shift schedule?
- Q10. When using a shift schedule that rotates every 8 weeks, for the purpose of calculating days off, may a licensee stop every 6 weeks to ensure the number of days off requirement is met?
- Q11. Concerning the Table on page 12 of Regulatory Guide 5.73, "Minimum Number of Individuals per Shift Working Non-Outage Schedules for Onsite Staffing of Operating Nuclear Power Units During Outages."
  For a three-unit station with one unit in operation, the table specifies that the entire minimum site complement of operators per 10 CFR 50.54(m) is not eligible for outage minimum days off (MDO) treatment. Please provide the rationale for specifying that all the minimum required site operators are to be excluded from the outage MDO?
  For two-unit stations, each of the minimum required senior operators per 10 CFR 50.54(m) is not eligible for outage minimum days off (MDO) requirements. What is the rationale for all the minimum required senior operators to be excluded from the outage MDO?
- Q12. On page 11 of Regulatory Guide (RG) 5.73, the phrase, "the minimum shift complement of operators required under 10 CFR 50.54(m) for the operating unit ", is used. However, 10 CFR 50.54(m) addresses on-site minimum staffing and does not include a column or note that refers to the minimum shift complement for an operating unit. What is this statement referring to in 50.54(m)?
- Q13. In referring to multi-unit station eligibility for outage minimum days off (MDOs), Regulatory Guide (RG) 5.73, "Fatigue Management for Nuclear Power Plant Personnel," appears to require that some minimum portion of the operating staff remain not eligible for outage MDOs even when all plants on the site are in an outage. Is this interpretation correct?
- Q14. Regulatory Guide (RG) 5.73, "Fatigue Management for Nuclear Power Plant Personnel," states that a shift cycle could not be less than 1 week. If a contractor works less than 1 week at a station, is he/she to be given days off?
- Q15. When we hold someone over for a double shift, we decided that if a person was held for more than 4 hours they would have started another shift and, therefore, it would count as a day worked in the MDO calculation. When this is programmed into the software it will not differentiate shifts. When this is programmed, it will tell us a new shift was started anytime an OT shift exceeds 4 hours. The software will figure this as a normal 8-hour shift and a second shift of 4.5 hours all in the same day and they are adjacent shifts. So now when the calculation is done to determine the shift average for MDO, you will never get more than a 12-hour shift average and when you have these shortened shifts, it will lower the shift average.
  If you work a worker a 6-hour OT shift (because this is the maximum you can work and still get a 10-hour break), now you will average a 8-hour shift and a 6-hour shift into the MDO calculation instead of a 14-hour shift. This helps the shift average calculation to be a lower average, and if the OT occurs after 0000 when the shift started the previous day, the software categorizes the shift as starting on the next day and it is not counted as a day off.
  Here is my problem now when I make this change, the program will do this for all shifts over 4 hours. It makes sense that if it is more than splitting the shift, it should be considered a separate shift, but if it is a separate shift, it will change the calculation for the MDO requirements. This situation could be looked upon as playing games with the calculation, but it needs to be one way or the other in the computer. Any help in this matter is appreciated.
Outages
- Q16. For a 100 day outage the licensee chooses to work the first 30 days on outage hours, the next 40 days on operating hours then the last 30 days on outage hours. Is this 100 day outage schedule appropriate?
- Q17. Regarding work hour rules for nuclear plants: When in an outage, I understand that an employee can receive a 7-day extension for each 48-hour week worked, thereby giving a 14 day extension for two 48-hour weeks within 60 days. This takes the individual up to Day 74 before they "drop dead." To receive an extension at that point, can the individual, at that time, work another 48-hour week on days 71 thru 74 thereby providing for another 7-day extension? Also, can another group be off-scheduled Days 71-74, then work 48-hours on days 74-78, thereby making them eligible for another 7-day extension?
- Q18. Non-outage shift cycles can be any length between 1 and 6 weeks. By rule outage shift cycles are 15 days for MDO calcs. Can an outage shift cycle be planned to be shorter than 15 days as long as the appropriate MDO is maintained?
- Q19. In the final RG, it is implicit, (but not stated) that on a multi – unit site, with one unit in an outage, the only individuals working under on-line work hour controls would be the licensed operators assigned to the operating unit. All field operators would be under outage work hour controls, regardless of which unit they are working in. I would like to confirm this was the intent, since the utilities are seemed to be aligned on this, and we are planning our implementation to allow this.
- Q20. On a multi unit site, an outage licensed operator is requested to assist the on-line unit, (who has the minimum staffing), with a surveillance test. The outage operator would be augmenting the on-line control room staff and be performing control board manipulations. This appears to be acceptable, and validation is requested.
Shift Turnover
- Q21. 10 CFR 26.205(b)(1) allows licensees to exclude shift turnover time from the calculation of an individual's work hours. For security officers, time spent arming, disarming, or conducting initial post turnover may be categorized as turnover time in accordance with RG 5.73 (Regulatory Position 8).
  As part of the normal shift turnover process, the shift turnovers are scheduled in advance to allow time for adequate briefings of the oncoming personnel. For explanation purposes, the turnover could be scheduled from 3:00 p.m. to 3:30 p.m. The turnover might actually end at 3:20 p.m., however, for time reporting purposes, the security officer would record 30 minutes as the time spent in turnover because of limitations in the time recording software. In doing so, 10 minutes of actual work time is being categorized as turnover time and subsequently excluded from covered work.
  What are the agency's expectations for licensee record keeping and accounting for shift turnover time? Considering the limitations of many timekeeping systems and the practical complications associated with attempting to account and exclude the exact amount of turnover time from covered worked (down to the minute), what reasonable regulatory guidance can be provided to licensees in order to aid them in complying with this regulation? Additionally, what is the threshold for when the NRC will take enforcement action and what guidance can be provided to the inspectors?
  How precise do we require the licensee to be in accounting for work hours? Considering the limitations of some timekeeping systems (15-minute increments), are licensees in violation when the actual time spent conducting turnover cannot be accurately captured by 15-minute increments of a timekeeping system?
- Q22. For turnovers which must be conducted on station inside an RCA where dress out is required prior to proceeding to the turnover location, the Reg Guide requires the clock to start at dress out which seems to then require turnovers to occur on the clock. This all but eliminates the ability to work a 6x12 outage work schedule. What was the NRC logic behind removing the dress out from turnover and is there a potential for this to be revisited?
- Q23. What would the NRC consider to be excessive time excluded from working hours for turnover?
- Q24. According to the minutes from the November public meeting with NEI, licensees will be able to exclude turnover at both ends of the shift. This is due to security requiring a turnover at both ends and possibly control room turnovers that may require a turnover at each end. Is this in writing anywhere?
- Q25. We have a group of workers who work a straight 12-hour day shift, performing covered job duties. There is no back shift, the job is only worked 12 hours per day and the job is idle the other 12 hours. Is the period after the workers arrive for work each day considered to be turnover time, which by the definition of turnover time , would not be counted as work hours? The individuals are not turning over with anyone on the previous shift because there was no previous shift. However, they would be doing things like getting briefed on:
  •  what happened on your last shift
  •  what's changed since your last shift
  •  what we want you to do this shift
  The same status information is being communicated and serves the same purpose as a direct turnover between two adjacent shifts. Should this time be counted as worked hours and not counted as turnover time?
Travel
- Q26. SOC page 17144 says "The NRC expects that in many cases transient workers would have days off between outages as they travel between nuclear power plant sites" Does this mean to imply that travel between sites can be considered to be restful or that during these travel days there is expected to be an opportunity for restorative rest.
- Q27. I work for a company that supplies contractors to do covered work for different nuclear facilities. We use workforce software to track our employees. My question is on travel time from plant to plant. Are we subject to count travel time if we are moving an employee from one licensee plant to another licensee plant? Whether they are the same company or not? It's confusing because we track all of our employees in our workforce system, but each plant has their own procedure for their WHR.

Break Requirements

Q1. Below is a proposed schedule that has a 3-week rotating cycle. This schedule runs 8 hours a day from 0800–1600. Would this schedule meet the 34-hour break period requirement?

Shift Days		M	T	W	T	F	S	S
Hours	Week 1	8	8	8	8	8	X	X
	Week 2	X	X	8	8	8	8	8
	Week 3	8	8	8	X	X	8	8

The schedule laid out in the example meets the 34-hour criterion in 10 CFR 26.205(d)(2)(ii). The 34-hour period starts at the end of the work shift and is accommodated by the days off as designated by an "X" in the example. In addition, this shift schedule also exceeds the criterion in §26.205(d)(3)(i) that requires individuals who are working an 8-hour shift (during non-outage periods) to have a minimum of 1 day off per week, averaged over the shift cycle. In this example, the shift schedule provides for an average of 2 days off per week.

Calculation of Work Hours

Q2. Should unpaid meetings between a licensee and a covered worker that result from a union contract requirement be counted as work hours? Also, should the time spent by the union representative in these same meetings be counted as work hours?
Although grievance meetings may not result in paid hours, they are required by a mutual agreement between the licensee and the workers union. The NRC staff disposition of Comment 13 in Appendix B to Regulatory Guide 5.73, "Fatigue Management for Nuclear Power Plant Personnel," states, "The NRC staff agrees that 'unpaid union business,' like any other activity that may occur on site that is not performed for the licensee, may be considered personal time in which an individual is on site but is not performing covered work." Is this sufficient justification to exclude grievance meetings from work hour calculations?
Should a union member who has a morning grievance meeting with a licensee before an evening work shift count the time spent in the grievance meeting as work hours under the fatigue rule? The union member might argue that the meeting, while not paid time, was a requirement of the contract and that resolution of workplace disputes should be considered to be "performing duties for the licensee."

As indicated by the question, in Appendix B to Regulatory Guide 5.73, on page B-15, Comment 13, the NRC staff stated an opinion regarding how to classify unpaid union business vis-à-vis work hour controls under 10 CFR Part 26, "Fitness for Duty Programs." Regulatory Guide 5.73 states, "The NRC staff agrees that 'unpaid union business,' like any other activity that may occur on site that is not performed for the licensee, may be considered personal time in which an individual is on site but is not performing covered work." In the regulatory guide, "unpaid union business" is intended to mean, for example, the work of a union steward who completes reports for or communicates with union management on topics unrelated to implementation of the contract with the licensee. These activities are work performed for the union, rather than for the licensee, and therefore are not work hours for the purposes of 10 CFR 26.205, "Work hours."

However, grievance meetings held pursuant to a contract between the union and licensee are not like these examples of unpaid union business. Attendance by a covered worker at a meeting with the licensee, related to a grievance brought by the covered worker under a contract between the union and licensee that requires the presence of the covered worker at the grievance meeting, is work performed for the licensee. Therefore, time spent in a grievance meeting by a covered worker must be counted as work hours under 10 CFR Part 26. If the union representative is a covered worker, and if the contract between the union and the licensee requires the union representative to attend the grievance meeting, then the time spent at the grievance meeting must be treated as work hours for the union representative.

Q3. Thoughts on "professional time," the time spent working above and beyond a 40 hour week, which has typically been expected of supervisors and managers. For example shift managers attending management meetings, was the intent of the rule to end or curtail professional development?

Professional time has been considered in the development of the rule and is not discouraged. For instance, after-hours study time that is not required by the licensee has been excluded from the calculation of work-hours. Also, the work hour requirements allow individuals to work well beyond 40 hours per week. An individual might routinely work up to 54 hours a week under a number of different shift schedules, remembering that the minimum day off and break requirements also need to be attained.

Q4. To implement the required 34-hour break for each 9-day period, is it necessary to use a "sliding window" to ensure that every single 216-hour period contains a complete 34-hour break?

The licensee must conduct two types of assessments to ensure that each individual who is subject to the requirements of Subpart I receives at least a 34-hour break during any 9-day period per § 26.205(d)(2)(ii). The first assessment addresses shift scheduling and the second assessment addresses actual hours worked. To comply with the scheduling requirements in § 26.205(c), the licensee must verify that at the start of each shift, the individual is scheduled to have a 34-hour break within the following 216 hours.

To ensure that the actual hours worked by the individual are in compliance with the requirements of Subpart I, the licensee must confirm that at the end of the individual's forthcoming work period – including overtime if applicable – the individual has had a 34-hour break within the preceding 216 hours (i.e., 9 24-hour periods, rather than calendar days). The licensee must perform this check before allowing an individual to work any given period, scheduled or otherwise. Licensees should be particularly watchful with regard to allowing overtime immediately prior to a scheduled break of 34 hours or more to ensure that the resulting break complies with the provisions in Subpart I.

The licensee must continuously look forward, in real time, from the start of the first period of work, immediately following a 34 hour break, to ensure there is a 34 hour break in the subsequent 216 hour period. It is not necessary to check all other possible 216-hour windows.

Q5. The 10 CFR 26.205 (d)(1)(iii) says that work hours may not exceed 72 work hours in any 7 day period. Also, 10 CFR 26.205 (d)(2)(ii) states that licensees shall ensure that individuals have, at a minimum, a 34-hour break in any 9 day period. For the purposes of Subpart I can 7 days be interpreted as 168 hours and can 9 days be interpreted to be 216 hours?

Regarding using 7 days instead of 168 hours, NEI 06-11, "Managing Personnel Fatigue at Nuclear Power Reactor Sites," represents 7 days as 168 hours. This guidance was endorsed by RG 5.73, "Fatigue Management For Nuclear Power Plant Personnel."

Regarding using 9 days versus 216 hours, current guidance refers only to 9 days not 216 hours. However, NRC staff will accept 216 hours as an alternate method of implementing Subpart I.

Q6. If, during a shift cycle, a security crew has a training week where they are not performing security duties as armed security force officers, alarm station operators, response team leaders, or watchpersons, do those hours spent on-site during the training week count in calculating work hours [10 CFR 26.205(b)]?

Under 10 CFR 26.205(b), yes, the hours spent onsite during the training week count in the calculation of work hours during non-outage periods. For individuals who perform covered work during a shift cycle, such as the security personnel mentioned in the question, §26.205(b) requires licensees to include in the calculation of the individuals' work hours all hours during which an individual performs work for the licensee, whether or not the work is covered by Part 26.

Q7. In response to the COVID-19 public health emergency, many licensees have imposed fleet- or site-wide policies requiring that employees either get vaccinated against COVID-19 or undergo periodic COVID-19 testing.
For sites imposing such requirements, does the time spent by individual workers getting vaccinated or undergoing testing need to be included when calculating work hours for those individuals, in accordance with 10 CFR 26.205?

Time spent obtaining a COVID-19 vaccination or undergoing periodic COVID-19 testing does not need to be included in the calculation of work hours.

It should also be noted that the time spent obtaining a COVID-19 vaccination or test (or a portion of this time) may be treated by an employer as paid time. The NRC, however, does not consider the fact that an employee is compensated for this time to necessitate that it be considered “time performing duties for the licensee” and thereby included in the calculation of work hours.

Incidental Duties

Q8. Does a phone call at home while you are on your 12-hour break in between shifts interrupt your required rest time under the new guidelines?

A phone call at home while you are on any of your required breaks under 10 CFR 26.205 is considered to be an incidental duty under 10 CFR 26.205(b)(5). Incidental duties may be excluded from the calculation of work hours, provided that the total duration of the unscheduled work does not exceed a nominal 30 minutes. The 30 minutes is cumulative and could result from, for example, three 10-minute phone calls. If the cumulative 30-minute limit is exceeded, the total amount of time the individual has spent on incidental duties must be included in the calculation of his/her work hours. Depending on when the incidental duties are performed, they may be determined to be an additional work day, or they could be added to the work hour calculation for the previous or upcoming shift. Please refer to the implementation guidance in Regulatory Guide (RG) 5.73 for additional information.

Minimum Days Off

Q9. For the calculation of the minimum number of days off a person is required to have, is it correct that the only requirement is to use the planned shift schedule?

That is not entirely correct. The planned shift schedule is used to establish the beginning minimum day off (MDO) requirement. If the actual hours worked do not deviate from the planned shift schedule then the required MDO will not change. However, if the hours worked is greater than the planned schedule then the licensee must calculate the average number of hours worked per day of work. This average is then compared against the requirements in 10 CFR 26.205(d)(3) through (5) to determine the required MDO. If the required MDO increases from the original MDO, then the licensee must ensure the individual is given enough days off to ensure the average MDO per week is met. This must be done prior to the end of the shift cycle.

Q10. When using a shift schedule that rotates every 8 weeks, for the purpose of calculating days off, may a licensee stop every 6 weeks to ensure the number of days off requirement is met?

The rule does not prescribe the length of shift cycles. However, 10 CFR 26.205(d)(3) requires that individuals must have the minimum days off required for their shift schedules (i.e., an 8-, 10-, or 12-hour shift), averaged over a period not to exceed 6 consecutive weeks. Therefore, yes, if a licensee's shift cycles are longer than 6 weeks, it would be acceptable to review work hours every 6 weeks to ensure that the individual has met the applicable requirement regarding the minimum number of days off.

Q11. Concerning the Table on page 12 of Regulatory Guide 5.73, "Minimum Number of Individuals per Shift Working Non-Outage Schedules for Onsite Staffing of Operating Nuclear Power Units During Outages."
For a three-unit station with one unit in operation, the table specifies that the entire minimum site complement of operators per 10 CFR 50.54(m) is not eligible for outage minimum days off (MDO) treatment. Please provide the rationale for specifying that all the minimum required site operators are to be excluded from the outage MDO?
For two-unit stations, each of the minimum required senior operators per 10 CFR 50.54(m) is not eligible for outage minimum days off (MDO) requirements. What is the rationale for all the minimum required senior operators to be excluded from the outage MDO?

The numbers in the table below indicate the number of control room operators responsible for the operating unit(s) that the staff considers not eligible for outage MDO requirements. The NRC policy basis for excluding operators who are responsible for the operating unit(s) from working outage hours includes:

1989 "Policy Statement on the Conduct of Nuclear Power plant Operations"
2008 Regulatory Guide 1.114 "Guidance to Operators at the Controls and to Senior Operators in the Control Room of a Nuclear Power Unit".

The regulatory basis for the exclusion includes:

10 CFR 50.54(m)(2)(i), which establishes the minimum control room shift staffing requirements based on number of operating units and the control room configuration.
10 CFR 50.54(k), which requires an operator at the controls of any operating unit at all times.
10 CFR 50.54(m)(2)(iii), which requires a senior operator in the control room of any operating unit at all times. Additionally, for any fueled unit, an operator or senior operator shall be present at the controls at all times.

The table below shows that the number of senior reactor operators (SROs) and reactor operators (ROs) who should remain on operating hours depends on the configuration of the control rooms for the units at the site. In general, the guidance recommends that the required operator at the controls and the senior operator in the control room for each operating unit should be excluded from outage MDO requirements. One additional RO and SRO who have not been working outage hours also should be available to provide relief for the operator at the controls and the senior operator in the control room.

Also, many control rooms have control panels that are arranged such that two ROs are required to operate the equipment and systems affected by plant transients or relied upon to mitigate significant events. Two ROs per operating unit are necessary to ensure that the reactor operator at the controls required by 10 CFR 50.54(k) is alert and fully capable of responding to any event that may occur.

One SRO would be expected to maintain oversight of the operating unit activities as the senior operator for the operating unit in the control room with relief provided by the second SRO. Two SROs per operating unit are necessary to ensure that the senior operator in the control room required by 10 CFR 50.54(m)(2)(iii) is alert and fully capable of responding to any event that may occur.

Therefore, for a two-unit site with one unit in an outage, all of the SROs and two of the ROs required under 10 CFR 50.54(m)(2)(i) are to remain on operating hours.

Minimum Number of Individuals Per Shift Working Nonoutage Schedules for Onsite Staffing of Operating Nuclear Power Units during Outages
Number of operating nuclear power units¹	Position	Two-unit Site		Three-unit Site
		One Control Room	Two Control Room	Two control rooms				Three Control Rooms
		One Control Room	Two Control Room	Single Control Room Unit In Outage	Single Control Room Unit and One Unit Served by Dual Control Room In Outage	One of the Units Served by Dual Control Room in Outage	Two Units Served by Dual Control Room in Outage	Three Control Rooms
One	Senior Operator	2	2		2		2	2
One	Operator	2	2		2		2	2
Two	Senior Operator			2		3		3
Two	Operator			2		4		4
¹ For the purpose of this table, a nuclear power unit is considered to be operating when it is connected to the grid.

Q12. On page 11 of Regulatory Guide (RG) 5.73, the phrase, "the minimum shift complement of operators required under 10 CFR 50.54(m) for the operating unit ", is used. However, 10 CFR 50.54(m) addresses on-site minimum staffing and does not include a column or note that refers to the minimum shift complement for an operating unit. What is this statement referring to in 50.54(m)?

The minimum complement specified by Regulatory Guide (RG) 5.73, "Fatigue Management For Nuclear Power Plant Personnel," is derived from the minimum site staffing requirements of 10 CFR 50.54(k) and (m), and reflects that portion of the minimum site staffing of operators necessary to ensure the safety of the operating unit. For example, at a two-unit site with one unit in outage, the staff's position is that two ROs and two SROs would not be eligible for the outage MDO.

Q13. In referring to multi-unit station eligibility for outage minimum days off (MDOs), Regulatory Guide (RG) 5.73, "Fatigue Management for Nuclear Power Plant Personnel," appears to require that some minimum portion of the operating staff remain not eligible for outage MDOs even when all plants on the site are in an outage. Is this interpretation correct?

No, the interpretation is not correct. When all units on a site are in an outage, all covered workers are eligible for outage work hour controls, including all control room operators.

Q14. Regulatory Guide (RG) 5.73, "Fatigue Management for Nuclear Power Plant Personnel," states that a shift cycle could not be less than 1 week. If a contractor works less than 1 week at a station, is he/she to be given days off?

Regulatory Guide (RG) 5.73 refers to shift cycles being as short as 1 week because the minimum day off (MDO) provisions are based on a weekly average. For individuals with unescorted access, who perform covered work, for a period that is less than 1 week in duration, there is no applicable MDO requirement. The licensee is responsible for understanding whether any transitions are occurring, such as beginning or resuming duties subject to work hour controls, or such as performing work at another licensee site. Transitions may require the individual to receive days off per the MDO provisions. This guidance is applicable to licensee employees, as well as employees onsite from other licensees and contractors/vendors.

Q15. When we hold someone over for a double shift, we decided that if a person was held for more than 4 hours they would have started another shift and, therefore, it would count as a day worked in the MDO calculation. When this is programmed into the software it will not differentiate shifts. When this is programmed, it will tell us a new shift was started anytime an OT shift exceeds 4 hours. The software will figure this as a normal 8-hour shift and a second shift of 4.5 hours all in the same day and they are adjacent shifts. So now when the calculation is done to determine the shift average for MDO, you will never get more than a 12-hour shift average and when you have these shortened shifts, it will lower the shift average.
If you work a worker a 6-hour OT shift (because this is the maximum you can work and still get a 10-hour break), now you will average a 8-hour shift and a 6-hour shift into the MDO calculation instead of a 14-hour shift. This helps the shift average calculation to be a lower average, and if the OT occurs after 0000 when the shift started the previous day, the software categorizes the shift as starting on the next day and it is not counted as a day off.
Here is my problem now when I make this change, the program will do this for all shifts over 4 hours. It makes sense that if it is more than splitting the shift, it should be considered a separate shift, but if it is a separate shift, it will change the calculation for the MDO requirements. This situation could be looked upon as playing games with the calculation, but it needs to be one way or the other in the computer. Any help in this matter is appreciated.

10 CFR 26.205(d)(2)(i) requires licensees to ensure that individuals have a minimum 10-hour break between successive work periods, or an 8-hour break between successive work periods when a break of fewer than 10 hours is necessary to accommodate a crew's scheduled transition between work shifts. Thus, treating an overtime shift that is successive to a regular shift as a new shift would violate this provision. To address your question regarding the programming software at your facility, for the purposes of Subpart I, the programming software must calculate regular work hours plus any successive overtime hours as a single shift.

Outages

Q16. For a 100 day outage the licensee chooses to work the first 30 days on outage hours, the next 40 days on operating hours then the last 30 days on outage hours. Is this 100 day outage schedule appropriate?

By itself, no, this schedule would not comply with the regulations. Only during the first 60 days of a unit outage are individuals granted an outage relaxation of the MDO requirements. To work a schedule in which individuals could work outage hours after the initial 60 days of the unit outage, the licensee must ensure that individuals work no more than 48 hours in a 7 day period during the first 60 days. This would allow individuals to receive a 7 day exclusion to work after the 60th day on outage hours. See 10 CFR 26.205(d)(6).

From your question, during the intervening period between the 60th day and the 71st day, individuals may work:

Normal operating hours that satisfy the Part 26 requirements and guidance
Non-covered hours as long as there is a transition back to covered work per endorsed guidance

When a site is in an extended outage and passes the first 60 days of its unit outage prior to implementing Subpart I, this site is not eligible to use 10 CFR 26.205(d)(6) for that outage.

Q17. Regarding work hour rules for nuclear plants: When in an outage, I understand that an employee can receive a 7-day extension for each 48-hour week worked, thereby giving a 14 day extension for two 48-hour weeks within 60 days. This takes the individual up to Day 74 before they "drop dead." To receive an extension at that point, can the individual, at that time, work another 48-hour week on days 71 thru 74 thereby providing for another 7-day extension? Also, can another group be off-scheduled Days 71-74, then work 48-hours on days 74-78, thereby making them eligible for another 7-day extension?

You are correct in your understanding that 10 CFR 26.205(d)(6) states that an individual who has worked 48 hours or less during any 7-day period during the first 60-days of a unit outage is eligible to work outage work hour controls on day 61-67 of the outage. If the individual works two 48-hour or less 7-day periods during the first 60-days of the unit outage the individual is eligible to work outage work hour controls on days 61-74 of the outage. As you are probably aware, the intent is to allow the licensee to plan their outage so that they can extend outage hours to complete work that was not able to be performed during the first 60 days of the outage. This allowance is available only during the first 60 days of the outage. Owing to the fact that 60-days is not evenly divisible by 7-day non overlapping periods, the maximum number of days the outage work hour controls can be extended is 56. To reiterate, the 48-hr allowance can only be banked during the first 60 days of the outage and used no later than day 116 of the outage.

Q18. Non-outage shift cycles can be any length between 1 and 6 weeks. By rule outage shift cycles are 15 days for MDO calcs. Can an outage shift cycle be planned to be shorter than 15 days as long as the appropriate MDO is maintained?

The 15 day period described in 10 CFR 26.205(d)(4) is not a shift cycle. The 15 days are a period in which the individual must have the required number of days off. Therefore, yes a shift cycle may be shorter than 15 days as long as the appropriate MDO are maintained. Likewise, the 7-day period required for individuals specified in 10 CFR 26.4(a)(4) is not a required shift cycle but an MDO requirement.

Q19. In the final RG, it is implicit, (but not stated) that on a multi – unit site, with one unit in an outage, the only individuals working under on-line work hour controls would be the licensed operators assigned to the operating unit. All field operators would be under outage work hour controls, regardless of which unit they are working in. I would like to confirm this was the intent, since the utilities are seemed to be aligned on this, and we are planning our implementation to allow this.

The questioner is not entirely correct; certainly the operations individuals called out in RG 5.73 are to remain on operating hours. Any others who do not work on outage activities are required to work on operating hours. Only those who work on outage activities, including field operators, are eligible for outage hours.

Q20. On a multi unit site, an outage licensed operator is requested to assist the on-line unit, (who has the minimum staffing), with a surveillance test. The outage operator would be augmenting the on-line control room staff and be performing control board manipulations. This appears to be acceptable, and validation is requested.

Correct, this is acceptable.

Shift Turnover

Q21. 10 CFR 26.205(b)(1) allows licensees to exclude shift turnover time from the calculation of an individual's work hours. For security officers, time spent arming, disarming, or conducting initial post turnover may be categorized as turnover time in accordance with RG 5.73 (Regulatory Position 8).
As part of the normal shift turnover process, the shift turnovers are scheduled in advance to allow time for adequate briefings of the oncoming personnel. For explanation purposes, the turnover could be scheduled from 3:00 p.m. to 3:30 p.m. The turnover might actually end at 3:20 p.m., however, for time reporting purposes, the security officer would record 30 minutes as the time spent in turnover because of limitations in the time recording software. In doing so, 10 minutes of actual work time is being categorized as turnover time and subsequently excluded from covered work.
What are the agency's expectations for licensee record keeping and accounting for shift turnover time? Considering the limitations of many timekeeping systems and the practical complications associated with attempting to account and exclude the exact amount of turnover time from covered worked (down to the minute), what reasonable regulatory guidance can be provided to licensees in order to aid them in complying with this regulation? Additionally, what is the threshold for when the NRC will take enforcement action and what guidance can be provided to the inspectors?
How precise do we require the licensee to be in accounting for work hours? Considering the limitations of some timekeeping systems (15-minute increments), are licensees in violation when the actual time spent conducting turnover cannot be accurately captured by 15-minute increments of a timekeeping system?

For certain Part 26 job duty groups, licensees require that individuals report to work a designated amount of time prior to the start of the shift to receive turnover from the off-going individual who was standing watch. In the question above, the licensee designates 30 minutes as the standard amount of time needed to perform turnover. Shift turnover is not required to be counted against the part 26 work hour limits (10 CFR 26.205(b)(1)), however, the question asks about the circumstances when a turnover ends prior to the designated 30 minutes and if the oncoming individual assumes the watch must the individual count all time from the end of the turnover to the normal shift start time as hours of work.

All time spent standing watch must be counted as time performing duties for the licensee, including times when the individual assumes the watch early. For Part 26 purposes, an individual's start time is the clock time that the individual takes the watch, not the time that the individual was scheduled to take the watch. The basis for this position is 10 CFR 26.205(b) which states "… the calculated work hours must include all time spent performing duties for the licensee."

Regarding level of precision with which licensees must record their time. Part 26 does not specify a level of precision. Therefore, a timekeeping level of precision greater than the licensee was using prior to implementing Part 26 work hour controls is not required.

Q22. For turnovers which must be conducted on station inside an RCA where dress out is required prior to proceeding to the turnover location, the Reg Guide requires the clock to start at dress out which seems to then require turnovers to occur on the clock. This all but eliminates the ability to work a 6x12 outage work schedule. What was the NRC logic behind removing the dress out from turnover and is there a potential for this to be revisited?

The definition of turnover is very clearly described in 10 CFR 26.205(b)(1). Turnover does not include time necessary to prepare for specific job requirements, such as dressing out. Preparing for a job is work performed for the licensee and is counted against the work hour controls.

As described in RG 5.73. Licensees may exclude shift turnover from the calculation of an individual's work hours. Shift turnover includes only those activities that are necessary to safely transfer information and responsibilities between two or more individuals between shifts. Shift turnover activities may include, but are not limited to, discussions of the status of plant equipment, and the status of ongoing activities, such as extended tests of safety systems and components. Turnover for supervisors may be more extensive than for workers and will therefore may be longer.

Q23. What would the NRC consider to be excessive time excluded from working hours for turnover?

The rule does not place a time limit on shift turnover, however, 30 minutes of turnover time should be sufficient for most turnover requirements. On occasion, depending on plant situations, 30 minutes may not be sufficient to accommodate the actual turnover time between individuals exchanging the watch, however, this is expected to be unusual and not a frequent occurrence.

Review 10 CFR 26.205(b)(1) to understand what activities may be considered to be shift turnover. Activities such as training and pre-job briefs are not considered to be shift turnover for the purposes of Part 26 Subpart I.

Q24. According to the minutes from the November public meeting with NEI, licensees will be able to exclude turnover at both ends of the shift. This is due to security requiring a turnover at both ends and possibly control room turnovers that may require a turnover at each end. Is this in writing anywhere?

10 CFR 26.205(b)(1) states that licensees may exclude shift turnover from the calculation of an individual's work hours. Regulatory Guide (RG) 5.73 clarifies that shift turnover may include the time taken by security guards to arm and disarm. However, for the purposes of calculating breaks, 10 CFR 26.205(d)(2) states that one period of shift turnover must be included in the calculation of break times. Therefore, the excluded period of shift turnover can be at the beginning or end of the shift, but not both.

Q25. We have a group of workers who work a straight 12-hour day shift, performing covered job duties. There is no back shift, the job is only worked 12 hours per day and the job is idle the other 12 hours. Is the period after the workers arrive for work each day considered to be turnover time, which by the definition of turnover time , would not be counted as work hours? The individuals are not turning over with anyone on the previous shift because there was no previous shift. However, they would be doing things like getting briefed on:
•  what happened on your last shift
•  what's changed since your last shift
•  what we want you to do this shift
The same status information is being communicated and serves the same purpose as a direct turnover between two adjacent shifts. Should this time be counted as worked hours and not counted as turnover time?

The situation you describe does not meet the definition of shift turnover. We agree that the information you describe is important to the individual's job performance; however, a shift turnover as described in 10 CFR Part 26, typically occurs when the on-coming shift worker comes in before the start of the work shift to obtain important information required to perform his/her duties. A shift turnover is dependent on the off-going shift worker to provide this information. For the purpose of Subpart I, the time taken to provide the briefing described in your question is more akin to a pre-shift brief and should be counted toward the individual's hours worked.

Travel

Q26. SOC page 17144 says "The NRC expects that in many cases transient workers would have days off between outages as they travel between nuclear power plant sites" Does this mean to imply that travel between sites can be considered to be restful or that during these travel days there is expected to be an opportunity for restorative rest.

The interpretation of travel in the question is taken out of context to the meaning of the Statements of Consideration. This passage was not meant to imply that travel is or is not fatiguing but that the time between outages is thought to be sufficient to allow the individual ample time for restorative rest in support of managing fatigue.

Q27. I work for a company that supplies contractors to do covered work for different nuclear facilities. We use workforce software to track our employees. My question is on travel time from plant to plant. Are we subject to count travel time if we are moving an employee from one licensee plant to another licensee plant? Whether they are the same company or not? It's confusing because we track all of our employees in our workforce system, but each plant has their own procedure for their WHR.

"his question concerns compliance with the requirements of section 26.205, “Work hours,” of 10 CFR Part 26, “Fitness for Duty Programs.” Paragraph 26.205(b) states, “For the purposes of this section, a licensee shall calculate the work hours of individuals who are subject to this section as the amount of time the individuals perform duties for the licensee. Except as permitted by paragraphs (b)(1) through (b)(5) of this section, the calculated work hours must include all time performing duties for the licensee, including all within-shift break times and rest periods during which there are no reasonable opportunities or accommodations appropriate for restorative sleep.”

The matter of whether and how this requirement applies to travel time of personnel, including contractors, traveling between nuclear power plant sites is addressed in prior NRC responses to Frequently Asked Questions About Managing Fatigue (available on this website); the Nuclear Energy Institute’s NEI 06-11, Revision 1, “Managing Personnel Fatigue at Nuclear Power Reactor Sites” (Agencywide Documents Access and Management System (ADAMS) Accession No. ML083110161); and NRC Regulatory Guide (RG) 5.73, “Fatigue Management for Nuclear Power Plant Personnel” (ADAMS Accession No. ML083450028), which endorsed, with certain clarifications, additions, and exceptions, NEI 06-11, Revision 1.

The NRC staff response to the frequently asked question (FAQ) titled “Travel Time” states, in part, the following:

Travel time that is required by the licensee is work performed for the licensee. This time should be counted as work hours. Travel is a non-covered duty and the time spent traveling should be included in the calculation of work hours (e.g., for determining the applicability of work hour controls and waiver requirements) as would any other noncovered duty.

Additional information concerning the accounting of travel time, including distinguishing travel time from normal commuting time, is provided in conjunction with the “Travel Time” FAQ response.

The NRC staff recognizes that for contractor individuals arriving on site, work hour records may not be readily available. This matter is addressed in the FAQ titled “For contractors arriving at a single site utility, what are the specific requirements for identifying past work history, documenting past work history, or any other regulatory required evidence of work history?” That FAQ response states, in part, the following:

Licensees must make reasonable efforts to verify that individuals performing covered work are fit for duty. Before an individual starts performing covered work, the licensee should inquire of the individual if they have had the appropriate number of days off in the preceding seven-day period.

This FAQ response also summarizes additional work hour considerations for when individuals are transitioning from an outage at one site to an outage at another site in close succession. The FAQ also points to Section 7.3 of NEI 06-11, Revision 1, as clarified in RG 5.73, because it addresses the more general circumstance of a contractor arriving on site to perform covered work and is not limited to the case of individuals transitioning from work at one site to work at another site in close succession.

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.

Page Last Reviewed/Updated Wednesday, June 26, 2024