Rule2022-17451
Workplace Substance Abuse Programs at DOE Sites
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 15, 2022
Effective
September 14, 2022
Issuing agencies
Energy Department
Abstract
On September 7, 2021, the U.S. Department of Energy (DOE or the Department) published a notice of proposed rulemaking (NOPR) for public comment in which it proposed to amend its regulations on contractor workplace substance abuse programs at DOE sites. In this final rule, DOE is adopting the amendments proposed in the NOPR without change. The amendments decrease the random drug testing rate for individuals in certain testing designated positions (TDPs); clarify that all positions requiring access authorizations (security clearances) are included in the TDPs; and clarify requirements for DOE approval prior to allowing persons in certain TDPs to return to work after removal for illegal drug use.
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<title>Federal Register, Volume 87 Issue 156 (Monday, August 15, 2022)</title>
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[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Rules and Regulations]
[Pages 49975-49979]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17451]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Rules
and Regulations
[[Page 49975]]
DEPARTMENT OF ENERGY
10 CFR Part 707
[EH-RM-19-WSAP]
RIN 1992-AA60
Workplace Substance Abuse Programs at DOE Sites
AGENCY: Office of Environment, Health, Safety and Security; U.S.
Department of Energy.
ACTION: Final rule.
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SUMMARY: On September 7, 2021, the U.S. Department of Energy (DOE or
the Department) published a notice of proposed rulemaking (NOPR) for
public comment in which it proposed to amend its regulations on
contractor workplace substance abuse programs at DOE sites. In this
final rule, DOE is adopting the amendments proposed in the NOPR without
change. The amendments decrease the random drug testing rate for
individuals in certain testing designated positions (TDPs); clarify
that all positions requiring access authorizations (security
clearances) are included in the TDPs; and clarify requirements for DOE
approval prior to allowing persons in certain TDPs to return to work
after removal for illegal drug use.
DATES: This rule is effective September 14, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Moriah Ferullo, U.S. Department of
Energy, Office of Environment, Health, Safety and Security, EHSS-11,
1000 Independence Avenue SW, Washington, DC 20585; (301) 903-0881 or by
email at: <a href="/cdn-cgi/l/email-protection#533e3c213a323b7d353621263f3f3c133b227d373c367d343c25"><span class="__cf_email__" data-cfemail="ed80829f848c85c38b889f98818182ad859cc3898288c38a829b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
II. Authority
III. Discussion of Public Comments
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the National Environmental Policy Act of 1969
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act of 1995
E. Review Under the Unfunded Mandates Reform Act of 1995
F. Review Under Executive Order 12630
G. Review Under the Treasury and General Government
Appropriations Act, 1999
H. Review Under Executive Order 13132
I. Review Under Executive Order 12988
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Congressional Notification
V. Approval by the Office of the Secretary of Energy
I. Background
Pursuant to DOE's statutory authority, including the Atomic Energy
Act of 1954, as amended (AEA), and the Drug-Free Workplace Act of 1988,
DOE promulgated a rule on July 22, 1992 (57 FR 32652), establishing
minimum requirements for DOE contractor workplace substance abuse
programs. The rule provided for drug testing of contractor employees
in, and applicants for, TDPs at sites owned or controlled by DOE and
operated under the authority of the AEA. The Department determined that
possible risks of serious harm to the environment and to public health,
safety, and national security justified the imposition of a uniform
rule establishing a baseline workplace substance abuse program,
including drug testing. The rule created a new part 707 of Title 10 in
the Code of Federal Regulations (CFR) entitled Workplace Substance
Abuse Programs at DOE Sites.
On September 14, 2007, the Secretary of Energy (Secretary) issued a
memorandum addressing drug testing for DOE positions that require
access authorizations (security clearances). The memorandum stated the
Secretary's determination that all Federal and contractor positions
that require security clearances, and all employees in positions that
currently have security clearances, have the potential to significantly
affect the environment, public health and safety, or national security.
The Secretary determined that all such positions would be considered to
be TDPs, which means they are subject to applicant, random, and ``for
cause'' drug testing. The Secretary further determined, with regard to
random drug testing, that employees in TDPs, other than those
designated to be included in the 100 percent annual sample pool
(primarily employees in the Human Reliability Program), be tested at a
30 percent annual sample rate. To implement the memorandum's provisions
regarding TDPs for DOE contractor employees, the Department issued a
final rule at 10 CFR part 707. See 73 FR 3861 (Jan. 23, 2008). However,
the 2008 final rule contained incorrect section references. Whereas 10
CFR 707.7(a)(2) states that positions identified in paragraph (b)(3) of
this section shall provide for random tests at a rate equal to 30
percent of the total number of employees in TDPs for each 12-month
period, the correct reference should have been to paragraphs (b)(2) and
(b)(3). Furthermore, the second sentence of 10 CFR 707.7(a)(2), 10 CFR
707.7(b)(2)(iii), and the second sentence of 10 CFR 707.14(e) each
contain an incorrect reference to paragraph (b)(2) of 10 CFR 707.7.
Since TDPs identified in paragraph (b)(2) should be tested at a 30
percent annual sample rate and do not require DOE approval for return
to work after illegal drug use, there should not have been references
to ``(b)(2)'' in the second sentence of 10 CFR 707.7(a)(2); in 10 CFR
707.7(b)(2)(iii); and in the second sentence of 10 CFR 707.14(e).
On September 7, 2021, the Department published a Notice of Proposed
Rulemaking (NOPR) proposing to correct these errors (86 FR 49932). In
the NOPR, the Department proposed that the second sentence of 10 CFR
707.7(a)(2) would state that employees in the positions identified in
paragraphs (b)(1) and (c) of this section will be subject to random
testing at a rate equal to 100 percent of the total number of employees
identified, and those identified in paragraphs (b)(1) and (c) of this
section may be subject to additional drug tests. DOE further proposed
to replace the reference to (b)(2) with (c) in 10 CFR 707.7(b)(2)(iii).
In the second sentence of 10 CFR 707.14(e), DOE proposed deleting the
reference to 10 CFR 707.7(b)(2). DOE also proposed in the NOPR to add a
new requirement at 10 CFR 707.7(b)(2)(vi) to specify that access
authorization (security clearance) holders will be tested. DOE proposed
that the new subsection would refer to all other personnel in positions
that require an access authorization (security clearance), other than
those identified in paragraphs (b)(1) and (c) of this section. As a
result of this change, DOE intends that employees identified in 10 CFR
[[Page 49976]]
707.7(b)(2)(vi) would be tested at a rate equal to 30 percent of the
total number of employees identified in paragraphs (b)(2) and (b)(3) of
10 CFR 707.7 for each 12-month period, if they are not also identified
in 10 CFR 707.7(b)(1) and (c). Employees identified in 10 CFR
707.7(b)(1) and individuals, whether or not employees, identified in 10
CFR 707.7(c) would be tested at a rate equal to 100 percent of the
total number of employees or individuals, as applicable, identified for
each 12-month period, and may be subject to additional drug tests.
By publication of this final rule in the Federal Register, DOE is
incorporating the changes proposed in the NOPR into 10 CFR part 707.
II. Authority
This final rule continues to establish minimum requirements for the
workplace substance abuse programs for DOE contractors and their
employees, and is promulgated pursuant to DOE's authority under section
161(i)(3) and (p) of the AEA to prescribe such regulations as it deems
necessary to govern any activity authorized by the AEA, including
standards for the protection of health and minimization of danger to
life or property (42 U.S.C. 2201(i)(3) and (p)) and section 8102 of the
Drug Free Workplace Act of 1988, as amended (41 U.S.C. 8102).
III. Discussion of Public Comments
The Department's NOPR invited public comments on the proposal and
provided a 30-day public comment period that ended on October 7, 2021.
This section responds to the comments the Department received. It also
contains an explanation of certain final rule provisions in order to
provide interpretative guidance to DOE offices and DOE contractors that
must comply with this final rule.
The Department received two general comments (Ex. 1, 2) regarding
the proposed changes to the rule. One commenter (Ex. 1) stated that the
workplace substance abuse programs proposed rule was significant
because DOE employees and contractors who have security clearances have
the ability to affect the environment, public health and safety, and
national security, and testing these individuals to make sure that they
are not in any way distracted or under another influence is imperative
for DOE's mission to continue unimpeded. A second commenter (Ex. 2)
stated that implementing substance abuse programs at the DOE sites is a
good idea and monitoring employees through drug tests will keep the
sites clean and prevent accidents from happening.
The Department agrees with the commenters and believes that
requiring a workplace substance abuse program at its sites will assist
in maintaining a workplace that is free from the use of illegal drugs
and creates a safe and healthy workplace for employees at DOE sites.
One commenter (Ex. 2) stated that some drugs should not be included
in the drug tests since some people use them for beneficial reasons.
DOE notes that this comment is beyond the scope of the amendments
proposed in the NOPR.
The Department received one comment (Ex.1) regarding the proposed
30 percent testing rate for employees in positions identified in
paragraphs (b)(2) and (b)(3) of 10 CFR 707.7. The commenter believes
that DOE should take additional measures to reinforce the idea that
there is a zero-tolerance policy for substance abuse and that the work
being conducted should not be conducted by individuals who cannot abide
by the rules. The commenter suggested that increasing the size of the
annual sample rate from 30 percent would be one such additional measure
that would be beneficial to the Department. However, the commenter did
not suggest an alternative rate.
DOE has determined that the 30 percent testing rate is: (1)
consistent with the 2007 Secretarial memorandum; (2) consistent with
the testing rate for DOE Federal employees with security clearances;
and (3) appropriate for DOE sites at the present time. Accordingly, DOE
is retaining the 30 percent testing requirement in the final rule as
proposed in the NOPR. DOE notes that a DOE contractor could impose a
higher testing rate pursuant to 10 CFR 707.5, which states that nothing
in 10 CFR part 707 is intended to prohibit any contractor subject to
this part from implementing workplace substance abuse requirements
additional to those of the baseline, including drug testing employees
and applicants for employment in any position and testing for any
illegal drugs. However, the contractor is required to inform the
appropriate Head of DOE Field Element of such additional requirements
at least 30 days prior to implementation.
One commenter (Ex. 1) stated that the Department must add
additional stipulations for the return of a contractor employee who was
removed from a DOE site for the use of illegal drugs, and that their
approval to return to a TDP (which necessitates a security clearance)
should be conditioned on increased testing on their return. The
commenter believed this would increase the likelihood that the
Department would know about an individual's use of illegal drugs and
refusal to comply with the Department's policies.
In response, DOE notes that when a contractor employee is removed
from duty for use of illegal drugs, several conditions must be met
under 10 CFR part 707 before the employee may be returned to a TDP. For
example, 10 CFR 707.14(c)(1)-(3) provides that an employee may not be
returned to a TDP unless the employee has successfully completed
counseling or a program of rehabilitation; undergone a urine drug test
with a negative result; and been evaluated by the site occupational
medical department, which has determined that the individual is capable
of safely returning to duty. Also, 10 CFR 707.14(b)(2) states that the
failure to take the opportunity for rehabilitation, if it has been made
available, for the use of illegal drugs, will require significant
disciplinary action up to and including removal from employment under
the DOE contract, in accordance with the contractor's policies. In
addition, any employee who is twice determined to have used illegal
drugs shall in all cases be removed from employment under the DOE
contract. As an additional measure, 10 CFR 707.14(g) states that after
an employee determined to have used illegal drugs has been returned to
duty, the employee shall be subject to unannounced drug testing, at
intervals, for a period of 12 months. In addition, in the final rule,
10 CFR 707.14(e) continues to provide that if a DOE access
authorization is involved, DOE must be notified of a contractor's
intent to return to a TDP an employee removed from such duty for use of
illegal drugs. Therefore, DOE is amending the language in 10 CFR
707.14(e) as proposed in the NOPR.
List of Commenters
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Exhibit No. Company/organization
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1..................................... Christian Ruano.
2..................................... Anonymous.
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IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
This regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993).
Accordingly, this action is not subject to review under that Executive
order by the Office of Information and Regulatory
[[Page 49977]]
Affairs (OIRA) of the Office of Management and Budget (OMB).
B. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969 (NEPA),
DOE has analyzed this action in accordance with NEPA and DOE's NEPA
implementing regulations (10 CFR part 1021). DOE has determined that
this final rule is covered by the Categorical Exclusion (CX) found in
DOE's NEPA regulations at paragraph A5 of appendix A to subpart D, 10
CFR part 1021, because it is a rulemaking that interprets or amends an
existing rule or regulation that does not change the environmental
effect of the rule. See 10 CFR 1021.410. Therefore, DOE has determined
that this final rule is not a major Federal action significantly
affecting the quality of the human environment within the meaning of
NEPA and does not require an Environmental Assessment or an
Environmental Impact Statement.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires that an agency prepare a final regulatory flexibility analysis
for any final rule where the agency was first required by law to
publish a proposed rule for public comment, unless the agency certifies
that the rule, if promulgated, will not have a significant economic
impact on a substantial number of small entities (5 U.S.C. 605(b)). As
required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: <a href="https://www.energy.gov/gc/office-general-counsel">https://www.energy.gov/gc/office-general-counsel</a>.
This final rule updates DOE's regulations on workplace substance
abuse programs for its contractor workers. This rule applies only to
activities conducted by DOE's contractors. DOE expects that any
potential economic impact of this rule on small businesses would be
minimal because DOE contractors perform work under contracts with DOE
or DOE prime contractors at a DOE site. DOE contractors are reimbursed
through their contracts for the costs of complying with workplace
substance abuse program requirements. They would not, therefore, be
adversely impacted by the requirements in this final rule. For these
reasons, DOE certifies that this final rule will not have a significant
economic impact on a substantial number of small entities, and DOE has
not prepared a regulatory flexibility analysis for this rulemaking.
D. Review Under the Paperwork Reduction Act of 1995
This final rule does not impose any new collection of information
subject to review and approval by OMB under the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.).
E. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4) requires each Federal agency to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
regulation that may result in the expenditure by State, Tribal, or
local governments, in the aggregate, or by the private sector, of $100
million in any one year (adjusted annually for inflation). Section 202
of UMRA requires a Federal agency to publish a written statement that
estimates the resulting costs, benefits, and other effects on the
national economy (2 U.S.C. 1532(a)(b)). The Act also requires a Federal
agency to develop an effective process to permit timely input by
elected officials of State, Tribal, or local governments on a proposed
``significant intergovernmental mandate,'' and requires an agency plan
for giving notice and opportunity to provide timely input to
potentially affected small governments before establishing any
requirements that might significantly or uniquely affect small
governments. On March 18, 1997, DOE published a statement of policy on
its process for intergovernmental consultation under UMRA. (62 FR
12820; also available at: <a href="https://energy.gov/gc/office-general-counsel">https://energy.gov/gc/office-general-counsel</a>
under ``Guidance & Opinions'' (Rulemaking). DOE examined this final
rule according to UMRA and its statement of policy and has determined
that the rule contains neither an intergovernmental mandate, nor a
mandate that may result in the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any year. Accordingly, no further assessment or
analysis is required under UMRA.
F. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
G. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. This final rule will not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
H. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' (64 FR 43255 (August 4,
1999)) imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. Agencies are required to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this final rule and has
determined that it would not preempt State law and will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
I. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, Section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
[[Page 49978]]
requirements: (1) eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; (3) provide a clear legal standard
for affected conduct rather than a general standard; and (4) promote
simplification and burden reduction. Section 3(b) of Executive Order
12988 specifically requires, among other things, that executive
agencies make every reasonable effort to ensure that the regulation:
(1) clearly specifies the preemptive effect, if any; (2) clearly
specifies any effect on existing Federal law or regulation; (3)
provides a clear legal standard for the affected conduct while
promoting simplification and burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately defines key terms; (6)
specifies whether administrative proceedings are to be required before
parties may file suit in court and, if so, describes those proceedings
and requires the exhaustion of administrative remedies; and (7)
addresses other important issues affecting clarity and general
draftsmanship under any guidelines issued by the Attorney General.
Section 3(c) of Executive Order 12988 requires Executive agencies to
review regulations in light of applicable standards in sections 3(a)
and 3(b) to determine whether they are met or it is unreasonable to
meet one or more of the standards. DOE has completed the required
review and determined that, to the extent permitted by law, this final
rule meets the relevant standards of Executive Order 12988.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for Federal agencies to review
most disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
Pursuant to OMB Memorandum M-19-15, Improving Implementation of the
Information Quality Act (April 24, 2019), DOE published updated
guidelines, which are available at: <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>.
DOE has reviewed this rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare, and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that: (1)(i) is a significant regulatory action under
Executive Order 12866, or any successor order; and (ii) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (2) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use should the regulation be implemented, and
of reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, DOE has concluded that this final rule
will not have a significant adverse effect on the supply, distribution,
or use of energy, nor has it been designated as a significant energy
action by the Administrator of OIRA. Therefore, it is not a significant
energy action, and, accordingly, DOE has not prepared a Statement of
Energy Effects.
L. Congressional Notification
As required by 5 U.S.C. 801(a)(1)(A), DOE will submit to Congress a
report regarding the issuance of this final rule prior to the effective
date set forth at the outset of this final rule. The report will state
it has been determined that the rule is not a ``major rule'' as defined
by 5 U.S.C. 804(2).
V. Approval by the Office of the Secretary of Energy
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 707
Classified information, Drug testing, Employee assistance programs,
Energy, Government contracts, Health and safety, National security,
Reasonable suspicion, Special nuclear material, Substance abuse.
Signing Authority
This document of the Department of Energy was signed on July 27,
2022, by Jennifer Granholm, Secretary of Energy. That document with the
original signature and date is maintained by DOE. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned DOE Federal Register Liaison Officer
has been authorized to sign and submit the document in electronic
format for publication, as an official document of the Department of
Energy. This administrative process in no way alters the legal effect
of this document upon publication in the Federal Register.
Signed in Washington, DC, on August 10, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set out in the preamble, the Department of Energy
amends part 707 of chapter III of Title 10 of the Code of Federal
Regulations as set forth below:
PART 707--WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES
0
1. The authority citation for part 707 is revised to read as follows:
Authority: 41 U.S.C. 8102 et seq.; 42 U.S.C. 2012, 2013, 2051,
2061, 2165, 2201b, 2201i, and 2201p; 42 U.S.C. 5814 and 5815; 42
U.S.C. 7151, 7251, 7254, and 7256; 50 U.S.C. 2401 et seq.
0
2. Section 707.7 is amended by revising paragraphs (a)(2) and
(b)(2)(iii) through (v) and adding paragraph (b)(2)(vi) to read as
follows:
Sec. 707.7 Random drug testing requirements and identification of
testing designated positions.
(a) * * *
(2) Programs developed under this part for positions identified in
paragraphs (b)(2) and (3) of this section shall provide for random
tests at a rate equal to 30 percent of the total number of employees in
testing designated positions for each 12-month period. Employees in the
positions identified in paragraph (b)(1) of this section and
individuals identified in paragraph (c) of this section will be subject
to random testing at a rate equal to 100 percent of the total number of
employees or individuals, as applicable, identified, and those
identified in paragraphs (b)(1) and (c) may be subject to additional
drug tests.
(b) * * *
(2) * * *
(iii) Protective force personnel, exclusive of those covered in
paragraph (b)(1) and (c) of this section, in positions involving use of
firearms where the duties also require potential contact with, or
proximity to, the public at large;
[[Page 49979]]
(iv) Personnel directly engaged in construction, maintenance, or
operation of nuclear reactors;
(v) Personnel directly engaged in production, use, storage,
transportation, or disposal of hazardous materials sufficient to cause
significant harm to the environment or public health and safety; or
(vi) All other personnel in positions that require an access
authorization (security clearance), other than those identified in
paragraphs (b)(1) and (c) of this section.
* * * * *
0
3. Section 707.14 is amended by revising paragraph (e) to read as
follows:
Sec. 707.14 Action pursuant to a determination of illegal drug use.
* * * * *
(e) If a DOE access authorization is involved, DOE must be notified
of a contractor's intent to return to a testing designated position an
employee removed from such duty for use of illegal drugs. Positions
identified in Sec. 707.7(b)(1) of this part will require DOE approval
prior to return to a testing designated position.
* * * * *
[FR Doc. 2022-17451 Filed 8-12-22; 8:45 am]
BILLING CODE 6450-01-P
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