Frequently Asked Questions

The Department of Energy (DOE) requires certain contractors to run a workplace substance abuse program under 10 CFR Part 707. The rule applies to DOE contractors and subcontractors working at sites owned or controlled by DOE and operated under the Atomic Energy Act, and to individuals with unescorted access to the control areas of certain DOE reactors (10 CFR 707.1).

Covered contracts. Part 707 covers management and operating contracts. It also covers other contracts or subcontracts worth $25,000 or more that DOE determines involve access to classified information or special nuclear materials, a high risk of danger to life, the environment, public health and safety or national security, or transporting hazardous materials to or from a DOE site (10 CFR 707.2).

Written program. Each contractor must submit a written program to DOE for approval, consistent with the HHS Mandatory Guidelines (10 CFR 707.5). Baseline elements include a ban on illegal drugs at the site, instruction for supervisors and employees, a policy statement to employees, a duty for employees to report a workplace drug conviction within 10 calendar days, notice to the DOE contracting officer within 10 calendar days, and personnel action or rehabilitation within 30 calendar days of notice.

Testing designated positions. Random testing applies to employees in testing designated positions (10 CFR 707.7). These include Human Reliability Program positions and positions where failure to perform could significantly harm the environment, public health or safety, or national security, such as pilots, firefighters, certain armed protective force members, reactor workers, hazardous materials handlers and other cleared personnel. The random rate is 30 percent each 12 months for most designated positions and 100 percent for HRP positions and individuals with unescorted reactor control area access. Applicants for these positions are also tested before final selection for employment or assignment (10 CFR 707.8).

Reasonable suspicion. Testing on reasonable suspicion requires agreement by two or more supervisory or management officials, at least one in the employee's direct chain of supervision, or a site occupational medical department physician (10 CFR 707.10). The belief must be articulable and drawn from particularized facts, such as observed use or symptoms, abnormal or erratic conduct, a drug arrest, corroborated reports, or test tampering. The FAQ on reasonable suspicion training for supervisors covers how supervisors document these observations.

Collection and refusals. Collections must allow individual privacy unless tampering is suspected, use chain of custody, and use HHS-certified laboratories (10 CFR 707.12). A refusal to cooperate is treated as a positive test.

Bargaining agreements. Contractors with collective bargaining agreements negotiate implementation, but the requirements themselves are not negotiable. If no agreement is reached after one year, the contractor implements the rule (10 CFR 707.15).

Related programs. The NRC runs a separate program for its licensees, described in the FAQ on the NRC fitness for duty program. The FAQ on random drug testing policies explains random selection in general. The FAQ on the DOE Human Reliability Program covers the added testing for HRP positions.

DOE contractors at DOE sites must follow the worker safety and health program rule at 10 CFR Part 851. The rule sets requirements for a program that reduces or prevents occupational injuries, illnesses and accidental losses, along with procedures for enforcement (10 CFR 851.1).

Exclusions. Part 851 does not apply to work at a DOE site regulated by the Occupational Safety and Health Administration, to sites under the Naval Nuclear Propulsion program, to radiological hazards or nuclear explosives operations to the extent regulated by 10 CFR parts 20, 820, 830 or 835, or to transportation to or from a site (10 CFR 851.2). The FAQ on whether DOT-regulated employers are also regulated by OSHA explains how overlapping agency jurisdiction works.

General duty. For each covered workplace, the contractor must provide a place of employment free from recognized hazards causing or likely to cause death or serious physical harm, and must perform work under Part 851 and the workplace's written program (10 CFR 851.10).

Written program. Each contractor submits a written worker safety and health program to the Head of the DOE Field Element for approval (10 CFR 851.11).

Management duties. Under 10 CFR 851.20(a), contractor management must set written policy and goals, use qualified safety and health staff such as a certified industrial hygienist or safety professional, hold personnel accountable, involve workers in hazard identification, and set procedures for workers to report injuries, illnesses and hazards without reprisal.

Worker rights. Workers have the right, without reprisal, to take part in program activities on official time, see the program and applicable standards, be told of overexposure, observe exposure monitoring, have a representative accompany inspectors, raise concerns, and decline to perform an assigned task because of a reasonable belief that it poses an imminent risk of death or serious physical harm, coupled with a reasonable belief that there is insufficient time to seek redress through normal hazard reporting procedures (10 CFR 851.20(b)(8)).

Hazards and standards. Contractors must identify and assess hazards through monitoring, documentation, design reviews and job hazard analyses (10 CFR 851.21). Applicable standards include OSHA general industry and construction standards in 29 CFR Parts 1910 and 1926, with listed exceptions, and DOE's beryllium rule (10 CFR 851.23).

Training. Contractors must train workers exposed to hazards before or at initial assignment, periodically as needed, and when a new or increased hazard arises. Workers with program responsibilities need training to carry them out (10 CFR 851.25). Training programs of this type fall under compliance training.

Enforcement. The Secretary may issue a compliance order requiring a remedy or work stoppage, and the recipient may ask for rescission or modification within 15 calendar days (10 CFR 851.4). An indemnified contractor that violates Part 851 faces a civil penalty of up to $121,876 per violation, with each day of a continuing violation counted separately, or a contract fee reduction, but not both (10 CFR 851.5).

The DOE Human Reliability Program (HRP) at 10 CFR Part 712 is a security and safety reliability program for people in positions with access to certain nuclear materials, nuclear explosives, facilities and programs. It applies across DOE, including the National Nuclear Security Administration, and works through continuous evaluation of each certified individual (10 CFR 712.1).

HRP positions. Certification is required for positions that give access to Category I special nuclear material or responsibility for transporting or protecting it, involve nuclear explosive duties, give access to information about protective system vulnerabilities during transport, or are separately approved because they could significantly affect national security (10 CFR 712.10).

Certification requirements. Under 10 CFR 712.11, each individual applying for or in an HRP position needs:

• A DOE "Q" access authorization.
• Signed releases, acknowledgments and waivers.
• Initial and annual HRP instruction.
• An initial and annual supervisory review, medical assessment, management evaluation and DOE personnel security review.
• No hallucinogen use in the preceding 5 years.
• An initial drug test and random drug tests at least once each 12 months.
• An initial alcohol test and random alcohol tests at least once each 12 months.
• A counterintelligence evaluation for designated positions.

Certification must come before HRP duties and be renewed annually, with no more than 12 months between recertifications.

Drug testing. Drug testing follows the DOE workplace substance abuse rule at 10 CFR Part 707 for contractor employees. Tests also occur after an incident, unsafe practice or occurrence, or on reasonable suspicion. Failure to appear within 2 hours of notice is a refusal, and a refusal or illegal drug use leads to immediate removal from HRP duties (10 CFR 712.15(b)). The FAQ on the DOE workplace substance abuse program covers the Part 707 testing that HRP contractors follow.

Alcohol testing. A confirmed breath alcohol result of 0.02 or higher means the supervisor sends the individual home and bars HRP duties for 24 hours. Breath testing uses a certified breath alcohol technician and DOT procedures in 49 CFR Part 40. Failing to appear within 2 hours, failing to give enough breath in 2 attempts without a valid medical excuse, and obstructing the test are refusals treated as a 0.02 result (10 CFR 712.15(c)).

Supervisor role. Supervisors conduct an annual review and report concerns such as impairing disorders, conduct leading to arrest, deceitful behavior and other listed warning signs (10 CFR 712.13). Initial and annual instruction covers recognizing and responding to behavior changes that may risk national security or nuclear explosive safety (10 CFR 712.17). The FAQ on reasonable suspicion training for supervisors covers related observation skills, and the FAQ on the NRC fitness for duty program describes a comparable program for NRC licensees.