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Nuclear Regulatory Commission Fitness for Duty Exams

Morgan Lewis - Up & Atom

NRC Hosts Public Meeting on Final Changes to Fitness-for-Duty Drug Testing Requirements

The Nuclear Regulatory Commission (NRC) hosted a public meeting on April 13 to discuss and solicit stakeholder feedback on the cumulative effects of regulation regarding final changes made to the fitness-for-duty (FFD) drug...more

Morgan Lewis

NRC Issues Updated Guidance for Drug and Alcohol Fitness-for-Duty Violations

Morgan Lewis on

The NRC recently issued an allegation guidance memorandum (AGM) to provide guidance on the handling of certain drug and alcohol fitness-for-duty (FFD) violations. The AGM directs that licensee-identified drug and alcohol FFD...more

Morgan Lewis

NRC Issues Proposed Rule to Update Part 26 Drug Testing Program

Morgan Lewis on

As anticipated in our September 3 blog, the NRC on September 16 published in the Federal Register a proposed rule and request for comment regarding its amendment of 10 CFR Part 26, “Fitness for Duty Programs” (FFD). We...more

Morgan Lewis

NRC Prepares Proposed Rule Updating Drug Testing Program Under Part 26

Morgan Lewis on

The NRC will soon issue in the Federal Register a proposed rulemaking to amend the drug testing requirements of the Fitness for Duty (FFD) Program in 10 CFR Part 26. The proposed rule seeks to align the NRC’s drug testing...more

Morgan Lewis

NRC Ends Rulemaking on Third-Party Reviews of Access Authorization, Fitness-for-Duty Determinations

Morgan Lewis on

The Nuclear Regulatory Commission, by a 3-1 vote on August 7, agreed with the NRC Staff’s recommendation to discontinue a rulemaking on third-party arbitration of access authorization and fitness-for-duty determinations. The...more

Morgan Lewis

Commission Approves Change to Enforcement Policy on Certain Fitness-for-Duty Violations

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As part of the US Nuclear Regulatory Commission’s (NRC’s) efforts to create efficiencies in its enforcement process, the NRC Commissioners unanimously approved a staff proposal to change Section 4.1 of the NRC’s Enforcement...more

Morgan Lewis

NRC Staff Recommends Ending Rulemaking on Third-Party Reviews of Access Authorization and Fitness-for-Duty Determinations

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As we last reported on October 5, 2018, the NRC Staff appeared ready to recommend withdrawing a rulemaking on third-party arbitration of access authorization and fitness-for-duty determinations. On April 4, 2019, the NRC...more

FordHarrison

Third Circuit Affirms Judgment in Favor of Employer in ADA Action, Finding that Compliance with NRC Regulations Justified...

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Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability...more

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