Information collections contained in 10 CFR Part 26, Fitness for Duty Drug Testing Requirements Final Rule
New collection (Request for a new OMB Control Number)
No
Regular
07/13/2022
Requested
Previously Approved
36 Months From Approved
2,046
0
1,672
0
129
0
The information collection contained in 10 CFR part 26 is impacted by the revision of existing and addition of new requirements to align the NRCâs drug testing requirements more closely with updates made to the HHS Guidelines. The NRC updated the drug testing panel and lowered the testing cutoff levels for some drugs tested, which impacts the existing information collections contained in 10 CFR part 26, because additional individuals will likely test positive for drugs. Additional positive test results will increase the costs associated with the recordkeeping and reporting requirements applicable to licensees and other entities. In addition, the NRC is including new information collection requirements in §§ 26.107(d), 26.157(a), 26.165(b)(2), 26.165(f)(1) and 26.185(f)(3). This information will be used by the NRC to uniformly address subversion attempts identified at the collection site (§ 26.107(d)), clarify that HHS-certified laboratories are to maintain testing procedures specific to 10 CFR part 26 (§ 26.157(a)), permit the MRO to initiate retesting of a donor specimen upon receiving an oral request from the donor and maintaining a record of receiving that request (§ 26.165(b)(2)), document the existing process that the MRO is to report a cancelled test result to the licensee or other entity if the results of specimen retesting fail to confirm the test results from the initial laboratory (§ 26.165(f)(1)), and establish procedures to review invalid specimen test results due to high pH values (§ 26.165(f)(3)). In addition, the NRC updated NRC Form 890, âSingle Positive Test Form,â and NRC Form 891, âAnnual Reporting Form for Drug and Alcohol Tests,â to reflect the requirements of this final rule. Confidential and proprietary information submitted to the NRC is protected in accordance with NRC regulations at §§ 9.17(a) and 2.390(b). NOTE: The current submission is a request for a new clearance number, to be discontinued once the burden and associated information collections can be transferred into 3150-0146, the clearance for information collections contained in 10 CFR Part 26.
Annual Reporting Form for Drug and Alcohol Tests
,
Single Positive Test Form
Total Request
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
2,046
0
0
2,046
0
0
Annual Time Burden (Hours)
1,672
0
0
1,672
0
0
Annual Cost Burden (Dollars)
129
0
0
129
0
0
Yes
Changing Regulations
No
The estimated burden of the information collections contained in the final rule is 1,672 hours. This estimate is comprised of one-time and annual requirements of the final rule.
The final rule aligns the NRCâs drug testing requirements more closely with updates made to the U.S. Department of Health and Human Services âMandatory Guidelines for Federal Workplace Drug Testing Programsâ in 2008 and as revised in 2017. The final rule does not increase the number of specimens collected for drug testing by licensees and other entities, but due to the changes in the drug testing panel, it will result in licensees and other entities documenting an estimated 176 additional individuals per year that test positive for one or more drugs, or are identified attempting to subvert the drug testing process, as well as the actions taken in response to these testing events.
In addition, the final rule changes require licensees and other entities to: (1) update FFD program policies and procedures; (2) inform existing employees on the FFD program testing policy changes; and (3) revise contracts with HHS-certified laboratories and BPTS suppliers.
NOTE: The current submission is a request for a new clearance number, to be discontinued once the burden and associated information collections can be transferred into 3150-0146, the clearance for information collections contained in 10 CFR Part 26.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
10 CFR Part 26