[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Proposed Rules]
[Page 11819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5875]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 46 / Wednesday, March 10, 1999 / 
Proposed Rules  

[[Page 11819]]


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DEPARTMENT OF ENERGY

10 CFR Part 707

RIN 1991-AA90


Workplace Substance Abuse Programs at DOE Sites; Random Alcohol 
Abuse Testing

AGENCY: Department of Energy (DOE).

ACTION: Withdrawal of proposed rule.

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SUMMARY: DOE withdraws a proposed rule that would have amended 
substance abuse testing regulations applicable to contractor employees 
who are authorized to have access to DOE-owned, contractor-operated 
sites. The proposed rule would have provided for testing for alcohol 
abuse on a random basis. This rulemaking is no longer necessary because 
DOE has successfully implemented an employee assistance program that 
appears effectively to deal with the potential for alcohol abuse at 
which the proposed rule was aimed.

FOR FURTHER INFORMATION CONTACT: Stephanie Weakley, Office of Contract 
and Resource Management (HR-53), Department of Energy, 1000 
Independence Avenue, SW, Washington, DC 20085, (202) 586-4156.

SUPPLEMENTARY INFORMATION: DOE began this rulemaking by publishing a 
notice of proposed rulemaking on July 22, 1992 (57 FR 32664). The 
contractor employees at whom the proposed regulations were aimed are 
authorized to have access to sites where DOE carries out programs under 
the Atomic Energy Act of 1954.
    In response to the notice of proposed rulemaking, DOE received a 
variety of public comments. Some commenters maintained that the rule is 
overly broad in that it does not establish a nexus between job 
responsibilities and testing. Others opposed any form of random testing 
for alcohol, requesting that such testing be only for reasonable 
suspicion or probable cause, while some believed that the proposed 
regulatory rates set forth for random testing should be reviewed or 
revised. Some commenters raised a general legal objection to the 
institution of alcohol tests, arguing that such tests were beyond the 
scope of the current case law regarding testing for illegal drugs, and 
they expressed concerns about the privacy implications of the proposed 
alcohol testing policy. One commenter was concerned that the proposed 
rule did not properly take into account the collective bargaining 
rights of union members. One commenter observed that the declaration of 
an impasse after a year of bargaining over implementation of the 
substance abuse program was too arbitrary.
    Since DOE published the notice of proposed rulemaking and received 
public comments, DOE has successfully tried an alternative, non-
regulatory approach to dealing with alcohol abuse that substantially 
avoids the concerns articulated by the commenters and appears 
adequately to deal with DOE's actual experience with the potential for 
alcohol abuse. In 1993, DOE established its Employee Assistance Program 
Referral Option (EAPRO). Since its inception, DOE has used EAPRO as a 
tool to encourage individuals with alcohol or drug abuse problems that 
also hold access authorizations (i.e., security clearances) to seek and 
participate in rehabilitation programs while maintaining their access 
authorizations. EAPRO provides incentives for cleared individuals to 
seek professional assistance from qualified providers in dealing with 
alcohol and drug abuse problems.
    On the basis of the foregoing, DOE concludes that it would be 
appropriate to withdraw the proposed rule at this time without 
prejudice to possible reconsideration of the matter should future 
circumstances warrant. Accordingly, the proposed revisions to 10 CFR 
Part 707, which were announced in a notice of proposed rulemaking in 
the July 22, 1992, Federal Register (57 FR 32664), are hereby 
withdrawn.

    Issued in Washington, DC, on March 4, 1999.
Mary Anne Sullivan,
General Counsel.
[FR Doc. 99-5875 Filed 3-9-99; 8:45 am]
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