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[Federal Register: July 30, 2010 (Volume 75, Number 146)]
[Proposed Rules]               
[Page 44929-44930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy10-19]                         

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DEPARTMENT OF ENERGY

10 CFR Part 707

[Docket No. HS-RM-10-WSAP]
RIN 1992-AA41

 
Request for Information Regarding Workplace Substance Abuse 
Programs for Department of Energy Contractors

AGENCY: Office of Health, Safety and Security, Department of Energy.

ACTION: Request for information.

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SUMMARY: The Department of Energy (DOE or the Department) requests 
information and comments on issues related to workplace substance abuse 
programs for its contractor employees. Specifically, the Department 
solicits comment and information on the addition of anabolic steroids 
and other drugs to its randomized drug testing program; the 
availability of analytical testing methods for anabolic steroids; 
whether alcohol and certain prescription and over-the-counter 
medications and/or supplements should be added to the substance abuse 
program; whether medical review officers should obtain and maintain 
certification; and other pertinent subjects. The information received 
in response to this request will assist DOE in determining the 
appropriate course of action in developing an amendment to the current 
substance abuse program for its contractor and subcontractor employees.

DATES: All comments on this issue presented in this document must be 
received by the Department by October 28, 2010.

ADDRESSES: Comments in response to this document may be submitted by 
hardcopy or electronically through e-mail. Hardcopies (2 copies) sent 
by regular mailing should be addressed to: Jacqueline D. Rogers, Office 
of Health, Safety and Security, Office of Worker Safety and Health 
Policy, Docket No. HS-RM-10-WSAP, 1000 Independence Avenue, SW., 
Washington, DC 20585.
    Electronic submissions may be sent to jackie.rogers@hq.doe.gov. If 
you have additional information, such as studies or journal articles, 
and cannot attach them to your electronic submission, please send 2 
copies to the address above. The additional material must clearly 
identify your electronic comments by name, date, subject, and Docket 
No. HS-RM-10-WSAP.

FOR FURTHER INFORMATION CONTACT: Jacqueline D. Rogers, U.S. Department 
of Energy, Office of Health, Safety and Security, Office of Worker 
Safety and Health Policy, 1000 Independence Avenue, SW., Washington, DC 
20585, 202-586-4714, or jackie.rogers@hq.doe.gov.
    Electronic copies of this Federal Register notice, as well as other 
relevant DOE documents concerning this issue, will be available on a 
Web page at: http://www.hss.energy.gov/healthsafety/WSHP/rule851/rule707.html.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to DOE's statutory authorities, including the Atomic 
Energy Act of 1954, as amended, and the Drug-Free Workplace Act of 
1988, DOE promulgated a rule on July 22, 1992, on DOE contractor 
workplace substance abuse programs (57 FR 32652). The rule established 
minimum requirements for DOE contractors and subcontractors performing 
work at DOE sites to use in developing and implementing programs that 
deal with the use of illegal drugs by their employees. The minimum 
requirements address: (1) Prohibition on the use, possession, sale, 
distribution, or manufacture of illegal drugs; (2) education and 
training; (3) testing of certain employees in sensitive positions; (4) 
employee assistance; (5) removal, discipline, treatment, and 
rehabilitation of employees; and (6) notification to DOE. The rule 
provides for drug testing of contractor employees in, and applicants 
for, testing designated positions (TDP) at sites owned or controlled by 
DOE and operated under the authority of the Atomic Energy Act of 1954, 
as amended. The Department determined that possible risks of 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.
    Currently, the Department is considering more stringent 
requirements in various areas of the workplace substance abuse programs 
for its contactor. The Department urges those individuals interested in 
this issue to provide responses to the questions provided in this 
document.

II. Questions for Comment

    The Department is especially interested in answers supported by 
evidence and rationale whenever possible to the questions below. When 
providing a response, please key your response to the number of the 
question.
    1. Currently, DOE contractors and subcontractors performing work on 
DOE sites conduct randomized drug testing for the following drugs or 
classes of

[[Page 44930]]

drugs: Marijuana, cocaine, opiates, phencyclidine, and amphetamines. 
This testing is performed in conformance with the Department of Health 
and Human Services' Mandatory Guidelines for Federal Workplace Drug 
Testing Programs. Should the Department's contractor programs consider 
expanding randomized drug testing to include anabolic steroids, 
synthetic opiates, newer amphetamines, and other new prescription 
drugs, among others, to this list of drugs it routinely test for? If 
so, please specify what drugs should be added and why and provide 
evidence to support this addition.
    2. Are there prescription and/or legal over-the-counter medications 
or supplements that provide false positives for anabolic steroids? If 
so, should use of these medications or supplements by employees of DOE 
contractors or subcontractors performing work at DOE sites be 
prohibited and tested for? If so, please identify these medications or 
supplements, explain the reasons for your answer, and provide evidence 
to support them.
    3. Are there products available for sale in the United States or by 
import to the United States that mask prohibited drug use or anabolic 
steroid use? If so, what are these products and should their use by DOE 
contractor or subcontractor employees performing work at DOE sites be 
prohibited? Are there reliable and economically feasible means by which 
to test for these products? Please explain each of your answers and 
provide evidence to support your answers.
    4. When conducting reasonable suspicion or occurrence testing, DOE 
contractors may test for any drug listed in Schedules I or II of the 
Controlled Substance Act. Should DOE consider expanding this 
requirement to include any drug listed in Schedules I through V of the 
Controlled Substance Act? If so, please explain why these drugs should 
be added and provide evidence to support these additions.
    5. Are there reliable (i.e., adequately sensitive and specific) 
analytical testing methods and/or procedures currently available for 
anabolic steroids? If so, please describe those methods, their 
reliability, and provide evidence to support your answer.
    6. Compared to the types of drugs and classes of drugs currently 
being tested for, is it economically feasible (i.e., cost effective) at 
this time to test for anabolic steroids? Please provide evidence to 
support your answer.
    7. What is the cost per test for anabolic steroids? What other 
costs are associated with testing for anabolic steroids? Please 
describe the testing method(s) for which you provide cost information 
and provide evidence to support your answers.
    8. Currently, DOE contractors' substance abuse programs do not 
include policies, procedures, and/or protocols for controlling the use 
of alcohol while performing work at a DOE site. The use of alcohol, 
even in small amounts, can impair judgment and affect the ability to 
perform critical duties. Should the Department consider adding the use 
of alcohol to its contractors' workplace substance abuse program for 
its contractors? If so, why, what means of measurement of consumed 
alcohol should be used, and what measure of consumed alcohol should be 
prohibited at DOE sites? Please provide evidence to support your 
answers.
    9. Are there any Federal Agencies with policies and procedures for 
controlling the use of alcohol affecting the workplace? If so, which 
Agency, and should DOE consider adopting its protocols and procedures 
for the use of alcohol in the workplace? Please provide evidence to 
support your answers.
    10. The use of alcohol, even in small amounts, can impair judgment 
and affect the ability to perform critical duties. If an individual in 
a critical or sensitive position at a DOE site consumes alcohol while 
off duty, how long should that individual be required to abstain from 
alcohol use prior to reporting for duty? Please explain the reasons for 
your answer and provide evidence to support your answer.
    11. Should the Department consider requiring its medical review 
officers to obtain and maintain medical review officer certification? 
If so, how often should certification occur? Please provide evidence to 
support your answers.

    Issued in Washington, DC, on July 21, 2010.
Glenn S. Podonsky,
Chief Health, Safety and Security Officer, Office of Health, Safety and 
Security.
[FR Doc. 2010-18740 Filed 7-29-10; 8:45 am]
BILLING CODE 6450-01-P
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