Request for Information Regarding Workplace Substance Abuse Programs for Department of Energy Contractors, 44929-44930 [2010-18740]
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Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Proposed Rules
Accordingly, USDA proposes to
amend Title 7 of the Code of Federal
Regulations as follows:
DEPARTMENT OF ENERGY
PART 1—ADMINISTRATIVE
REGULATIONS
[Docket No. HS–RM–10–WSAP]
1. The authority for part 1 continues
to read as follows:
Request for Information Regarding
Workplace Substance Abuse Programs
for Department of Energy Contractors
10 CFR Part 707
RIN 1992–AA41
Authority: 5 U.S.C. 301, unless otherwise
noted.
Subpart J—Procedures Relating to
Awards Under the Equal Access to
Justice Act in Proceedings Before the
Department
2. Amend § 1.186 by revising
paragraph (b) to read as follows:
§ 1.186
Allowable fees and expenses.
*
*
*
*
*
(b) In proceedings commenced on or
after the effective date of this paragraph,
no award for the fee of an attorney or
agent under the rules in this subpart
may exceed $150 per hour. No award to
compensate an expert witness may
exceed the highest rate at which the
Department pays expert witnesses,
which is set out at § 1.150 of this part.
However, an award also may include
the reasonable expenses of the attorney,
agent, or witness as a separate item, if
the attorney, agent, or witness ordinarily
charges clients separately for such
expenses.
*
*
*
*
*
3. Amend § 1.187 by revising
paragraph (a) to read as follows:
srobinson on DSKHWCL6B1PROD with PROPOSALS
§ 1.187 Rulemaking on maximum rates for
attorney fees.
(a) If warranted by an increase in the
cost of living or by special
circumstances (such as limited
availability of attorneys qualified to
handle certain types of proceedings), the
Department may adopt regulations
providing that attorney fees may be
awarded at a rate higher than $150 per
hour in some or all of the types of
proceedings covered by this part. The
Department will conduct any
rulemaking proceedings for this purpose
under the informal rulemaking
procedures of the Administrative
Procedure Act.
*
*
*
*
*
Done at Washington, DC, July 13, 2010.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2010–18099 Filed 7–29–10; 8:45 am]
BILLING CODE 3410–90–P
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Office of Health, Safety and
Security, Department of Energy.
ACTION: Request for information.
AGENCY:
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.
SUMMARY:
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 email. 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
DATES:
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
44929
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:
https://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
E:\FR\FM\30JYP1.SGM
30JYP1
srobinson on DSKHWCL6B1PROD with PROPOSALS
44930
Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Proposed Rules
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
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16:26 Jul 29, 2010
Jkt 220001
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 131
[EPA–HQ–OW–2010–0606; FRL–9182–1]
Stakeholder Input; Revisions to Water
Quality Standards Regulation
AGENCY:
Environmental Protection
Agency.
PO 00000
Frm 00003
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ACTION:
Listening sessions.
The Environmental Protection
Agency (EPA) is announcing its plans to
initiate national rulemaking to make a
limited set of targeted changes to EPA’s
water quality standards regulation. EPA
expects to publish such proposed rule
changes in the Federal Register in
Summer 2011. EPA’s intent is to
improve the regulation’s effectiveness in
helping to restore and maintain the
chemical, physical, and biological
integrity of the Nation’s waters. The
purpose of this notice is to announce
EPA’s intent to hold two informal
public ‘‘listening sessions’’ in August
2010. The sessions will allow EPA to
inform the public about the rulemaking,
and will offer an opportunity for the
public to express views on the general
direction of the rulemaking, including
the six specific elements of the
rulemaking.
DATES: The two public listening sessions
will be held as audio teleconferences on
August 24 and 26, 2010, from 1 to 2:30
p.m. EDT.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Gardner, EPA Headquarters,
Office of Water, Office of Science and
Technology, at 202–566–0386 or e-mail:
gardner.thomas@epa.gov.
In order to provide an adequate
number of telephone lines for those
wishing to attend EPA’s sessions,
interested individuals should register in
advance following instructions on the
Internet at https://www.epa.gov/
waterscience/standards/rules/wqs.
Although you may register at any time
prior to the session of your choice, EPA
prefers that you register at least three
days in advance.
The agenda and resource materials
will be identical for the two sessions.
You do not need to attend both sessions.
If you do not have Internet access,
please contact the person named in the
SUMMARY:
FOR FURTHER INFORMATION CONTACT
section above.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Public Listening Sessions
EPA will hold two informal public
listening sessions via audio
teleconference in August 2010 to inform
the public about the rulemaking, and to
hear views from the public regarding
possible changes to EPA’s water quality
standards regulation at 40 CFR part 131
that are under consideration. The
sessions will provide a review of EPA’s
current water quality standards
regulation and a summary of the
clarifications that EPA is considering.
Clarifying questions and brief oral
E:\FR\FM\30JYP1.SGM
30JYP1
]]>Agencies
[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Proposed Rules]
[Pages 44929-44930]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18740]
=======================================================================
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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.
-----------------------------------------------------------------------
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: https://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
