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Information Notice No. 84-08: 10 CFR 50.7, Employee Protection
SSINS No.: 6835 IN 84-08 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, D.C. 20555 February 14, 1984 Information Notice No. 84-08: 10 CFR 50.7, "EMPLOYEE PROTECTION" Addressees: All nuclear power reactor facilities holding an operating license (OL) of construction permit (CP); nuclear steam system suppliers; and architect- engineers. Purpose: This information notice calls attention to 10 CFR 50.7, which prohibits discrimination against an employee for engaging in certain protected activities, such as providing the Commission information about possible violations of requirements imposed by the Atomic Energy Act or the Energy Reorganization Act. Description of Circumstances: In recent months the Department of Labor (DOL) has received a number of discrimination complaints. Some might have resulted because not all employers are aware of their responsibilities under 10 CFR 50.7. In 1978, The Energy Reorganization Act of 1974 was amended to include Section 210, "Employee Protection." This section was enacted into law because of a strong feeling in Congress that employees of the Nuclear Regulatory Commission (NRC) licensees and applicants and of their contractors and subcontractors should be protected from discharge or other acts of discrimination for contacting the NRC. In 1982, the NRC amended its regulations (10 CFR Parts 19, 30, 40, 50, 60, 70, 72, and 150) to implement Section 210; 10 CFR 50.7 implements it for nuclear reactors. Section 50.7 prohibits employers from discharging or otherwise discriminating against any employee who contacts or seeks to contact the NRC, and indicates that DOL may award an employee reinstatement, back pay and compensatory damages if discrimination has occurred. Any employee who believes discrimination has occurred may file a complaint with DOL but must do so within thirty (30) days of the date the employee became aware of the discrimination. In a memorandum of understanding dated October 25, 1982, NRC agreed to cooperate fully with DOL in investigating discrimination complaints (47 FR 54585). In addition, the NRC may take enforcement action for violation of Section 50.7. 8401190039 . IN 84-08 February 14, 1984 Page 2 of 2 There can be no question that public health and safety require that employees be free to raise safety issues to licensee management and to the NRC. NRC has noticed a recent increase in the number of Section 210 complaints, some of which may have been preventable. Protected activities such as providing information to the NRC often occur when employers do not have an effective program for soliciting and resolving safety concerns of employees. Additionally, safety concerns have been taken to the NRC because the concerned employee was unaware that an issue raised previously with the employer had been resolved. If problems are openly identified and resolved before an employee feels compelled to contact the NRC, fewer safety concerns will become allegations to the NRC and there should be fewer instances of real or perceived discrimination. We urge you to review your activities to ensure that (1) a mechanism exists for employees to raise safety issues free from discrimination and (2) employees are notified about this mechanism. Your contractors also should be aware of this matter. If you have any questions regarding this matter, please contact the Regional Administrator of the appropriate NRC Regional Office, or this office. Edward L. Jordan, Director Division of Emergency Preparedness and Engineering Response Office of Inspection and Enforcement Technical Contact: W. L. Fisher, IE (301) 492-8073 Attachment: List of Recently Issued IE Information Notices
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