Employee Concerns in the Nuclear Workplace

General Guidelines

Rob De La Espriella

Background
Increased NRC Regulatory Focus on Licensee Treatment of Employee Concerns
One of top 3 NRC issues

Stakes for Violations are Significant for Licensees and Individuals

Background
FPL has routinely had high numbers of allegations made directly to NRC NRC places great emphasis on allegations statistic as an indicator of a potential chilling effect at nuclear sites

Legal and Regulatory Standards

Section 211 of Energy Reorganization Act 10 CFR 50.7 - Employee Protection
Prohibits Discrimination against employees who engage in Protected Activity

10 CFR 50.5 - Deliberate Misconduct

Prohibits Deliberate Acts that Cause a Licensee to Violate NRC Regulations

What is Discrimination?
Any action affecting terms and conditions of employment taken in response to an employees raising a safety concern

What is Discrimination?
Discharge Disciplinary action Refusal to promote Refusal to hire Denial of training opportunities Negative performance evaluations Assignment of undesirable tasks on a consistent basis

What is Discrimination?
A hostile work environment that discourages employees from raising safety concerns as opposed to specific acts of discrimination

What is Protected Activity?

Raising a safety concern to:
Employer NRC Media

What are the Consequences of Discrimination?

Investigations by NRC Office of Investigations Notices of Violation and Civil Penalties Against Licensees and Individuals Orders Barring Individuals from Nuclear Industry

What are the Consequences of Discrimination?

Potential Criminal Prosecution for Deliberate Acts of Discrimination Financial Awards and Reinstatement to Victim of Discrimination Potential Plant Shutdowns

Cases
Northeast Utilities
Severity Level II violation and a $88,000 civil penalty for discrimination against two contractor engineers NRC enforcement action taken despite self identification and reporting NRC issued an order requiring NU to retain an independent firm to handle employee concerns because of a hostile work environment One of key issues contributing to shutdown of Millstone units

Cases
South Texas
NRC issued order confirming STPs process for addressing employee concerns Alleged discrimination by I & C manager Hostile work environment threats used as a management tool Manager forced to resign to avoid enforcement

Cases
TVA
NRC issued an order against VP-Nuclear for intentional discrimination against a manager Order barred former VP from industry for 5 years

Cases
Arizona Public Service
A supervisor at Palo Verde pled guilty to intentional violation of NRC requirements for discriminating against a contractor employee: 1 year probation, community service, a fine and a Severity Level III violation Utility: Severity Level III violation and $100,000 civil penalty

Recurring Issues in the Nuclear Workplace

An employee has the same legal protection whether a concern is raised internally or directly with NRC All safety concerns are protected, including concerns that turn out to be invalid Employees who engage in protected activity can be disciplined (but not for that activity)

Recurring Issues in the Nuclear Workplace

An employee cannot be forced to work in an area that he reasonably believes to be unsafe An employee should not be disciplined for refusing to reveal a safety concern FPL is responsible for discriminatory actions taken by its contractors

 Get help from:

-Supervisors -HR -Speakout -Managers -QA -Safety

Suggestions in Dealing with Employee Concerns

Handle safety issues first and performance issues/discipline later

Suggestions in Dealing with Employee Concerns

Fitness for duty issues must be handled through FFD Program Document:
resolution of concerns performance problems disciplinary actions

Suggestions in Dealing with Employee Concerns

Provide feedback to employees Use FPLs Speakout Program for difficult concerns

Conclusion
Handling employee concerns is of significant importance to FPL and NRC and crucial in the success of FPLs nuclear program

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