Fitness for Duty Drug Testing Requirements

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Nuclear Regulatory Commission 10 CFR Part 26 [NRC-2009-0225] RIN 3150-AI67 AGENCY: Nuclear Regulatory Commission. ACTION: Final rule and guidance; issuance. SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations regarding fitness for duty (FFD) programs for certain NRC licensees and other entities to align the NRC's drug testing requirements more closely with the updates made to the U.S. Department of Health and Human Services' “Mandatory Guidelines for Federal Workplace Drug Testing Programs” in 2008 and as revised in 2017. This final rule also incorporates lessons learned from implementing the NRC's current FFD regulations. These changes enhance the ability of NRC licensees and other entities to identify individuals using illegal drugs, misusing legal drugs, or attempting to subvert the drug testing process. This final rule provides additional protections to individuals subject to drug testing and improves the clarity, organization, and flexibility of the NRC's FFD regulations. This final rule provides a new flexibility for the collection and drug testing of an oral fluid specimen as an alternative to the collection and testing of a urine specimen under direct observation conditions. The NRC also is issuing final implementation guidance for this final rule. DATES:   Effective date: This final rule is effective December 22, 2022. Compliance date: Compliance with this final rule is required by November 22, 2023. ADDRESSES: Please re…