Reporting Safety Concerns to the NRC

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Reporting Safety Concerns to the NRC

Transcript of Reporting Safety Concerns to the NRC

Reporting Safety Concerns to the NRC

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INTRODUCTIONAnyone should feel free to communicate any safety concern to the U.S. Nuclear Regulatory Commission (NRC). It is the NRC’s policy to encourage workers at NRC-regulated facilities to take safety concerns to their own management first, since the facility operator has the primary responsibility for, and is most able to ensure, safe nuclear operations. However, workers and other members of the public can bring safety concerns directly to the NRC at any time. It is the agency’s responsibility to respond to those concerns in a timely manner and to protect the identity of the individual to the greatest degree possible.

This brochure discusses how you as a nuclear industry worker or a concerned member of the public can report safety concerns to the NRC, the degree to which the NRC can protect your identity, and the NRC process for handling allegations of discrimination against workers by licensees, their contractors, or subcontractors.

For the purpose of this brochure, the term “licensee” refers to an organization or an individual — or a contractor, subcontractor, or vendor to an organization or an individual — that is an applicant for, or holder of, a license, permit, or certificate issued by the NRC.

Safety concerns may be potential or actual safety issues associated with the NRC’s jurisdiction, including, but not limited to, the areas of design, construction, operation, maintenance, radiation protection, safeguards, security, emergency preparedness, harassment, intimidation, retaliation, discrimination, wrongdoing, a work environment that discourages workers from raising safety concerns, and other matters related to NRC-regulated activities.

A WORKER’S ROLE IN NUCLEAR SAFETYWorkers in the nuclear industry have an important role in ensuring safe operations and practices in handling nuclear materials. Protection of public health and safety begins with the NRC’s licensing requirements for safe design, construction, and operation of nuclear facilities

and handling of nuclear materials, and continues with inspections to ensure that licensees comply with these requirements and their commitments. However, NRC inspectors can observe only a sampling of the day-to-day activities at nuclear facilities. The NRC considers licensee management to be ultimately responsible for regulatory compliance, and management, in turn, relies on its workers to assist in this effort by identifying and reporting safety concerns. You and your coworkers are the first line of defense for preventing accidents and protecting public health and safety. Your knowledge, experience, and insight as nuclear workers give you the ability to identify safety concerns to your employer and the NRC so that problems may be corrected.

In the past, workers conducting activities associated with NRC-regulated facilities and concerned citizens have raised important safety issues and, as a result, public health and safety have benefitted. This vigilance must continue.

The NRC encourages you to take safety concerns to your employer because your employer—the licensee— has primary responsibility for ensuring the safety of nuclear design, construction, and operations. The licensee is also in the best position to deal with safety issues promptly and effectively. Anyone may raise safety concerns directly to the NRC at any time, but the NRC expects that employees normally will have raised their concerns with their employers before they come to the NRC, if possible.

The NRC believes that all workers should feel free to raise concerns to their employers so that issues can be dealt with quickly. At any time, however, employees and members of the public have the option of bringing a safety concern directly to the NRC.

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HOW TO REPORT SAFETY CONCERNS TO THE NRC

You may contact any NRC employee (including a resident inspector), e-mail the NRC at [email protected], or call the NRC’s toll-free Safety Hotline, 1-800-695-7403.

If you call the toll-free number during normal business hours, you will reach the NRC Allegation Coordinator for the NRC regional office serving your area code. If you call after normal business hours, or if your call can’t be answered during normal business hours by the regional staff, your call will be directed to the NRC’s Headquarters Operations Center, which is staffed 24 hours a day. Calls to the Headquarters Operations Center are recorded. In addition, you may reach an NRC Allegation Coordinator at your regional office by calling the appropriate number listed on the figure above during normal business hours.

If you submit your safety concern in writing or via e-mail to the NRC, we recommend you clearly indicate that you would like your concern to be considered by the NRC Allegation Program. This helps to ensure that your letter or e-mail gets prompt attention and is not placed in the public domain. It also helps protect your identity.

To assist you in reporting a safety concern, the NRC typically asks the following questions:■Facilityname.■Whatisyourconcern?Whatsystems,structures,components,orpersonnelareaffectedbyyourconcern?Beasfactualanddetailedaspossible.

■Onwhatdatedidtheeventoccurortheissuearise?■Whydoyoubelievethisisapotentialsafetyissue?■Recognizingthateveryissuedoesnothavethesamedegreeofsafetysignificance,doyoubelievethatthisconcernmeritsimmediateactiontoresolveit?Ifyes,why?

■Didyouobservetheeventyourself?■Ifyoudidnotwitnesstheevent,howdidyoufindoutaboutit?

■Arethereotherindividualswhocanprovideadditionalinformationrelatedtoyourconcern?Ifso,pleaseidentifythoseindividualssothatwecancontactthem,ifneeded.

■Ifyoudonotwanttoidentifytheotherindividuals,haveyouaskedthemtocontactNRCdirectly?Ifnot,why?

■Arethereanyrecordsweshouldreviewthatmayberelevanttoyourconcern?

■Yourname.■Yourhomeaddress.■TelephonenumberatwhichyouwouldprefertheNRCtocontactyou.

NRC REGIONS

Region IIAtlanta

(800) 577-8510

PA

NY

ME

IN

WA

OR

CA

NV

MT

ID

UT

AZ NM

CO

WY

TX

OK

KS

NE

SD

ND MN

IA

MO

AR

LA

MS AL GA

FL

SC

NC

VA

TN

KY

IL OH

MIWI

WV MDDENJ

CTRI

MA

NHVT

AKHI

Headquarters (1)Regional Office (4)Technical Training Center (1)

Region IKing of Prussia(800) 432-1156

Region IIILisle

(800) 522-3025

Region IVDallas

(800) 952-9677

PR

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If you are a worker in the nuclear industry, the NRC staff will typically also ask the following:■Haveyoudiscussedthiswithyoursupervisororotherlicenseeofficial?Ifso,whatwastheresponse?

■Ifyouarenotsatisfiedwiththelicensee’sresponse,explainwhy.

■HaveyoudiscussedthiswithyourEmployeeConcernsProgramrepresentative?Ifso,whatwastheresponse?

■IfyouarenotsatisfiedwiththeEmployeeConcernsProgram’sresponse,explainwhy.

Although it will help the NRC respond to your concerns if you can answer these questions, you do not need to have answers to all of them in order to raise a safety concern with the NRC.

ALLEGATION PROCESSThe NRC strives to review all allegations objectively to ensure the outcome is fair, sound, and timely. All allegations brought to the NRC are assigned to an employee designated as an Allegation Coordinator. The coordinator’s job is to—

• Promptly contact you to confirm the details of the allegation and to confirm that the NRC has correctly interpreted and understood the information you provided. Normally, the staff sends an acknowledgment letter within 30 days of receipt of your allegation.

• Arrange for an evaluation of your concern by a group of NRC employees and managers designated as an Allegation Review Board (ARB). The ARB will review the concern and make a preliminary determination of its safety significance. The ARB will also determine whether the NRC staff alone will evaluate the allegation, or whether feedback from other agencies or organizations is needed to enable the NRC to complete its assessment of the allegation. The ARB will also determine whether the licensee needs to be contacted. It is the NRC’s policy to request from the licensee a written evaluation of concerns in all cases involving an overriding safety concern, and for other concerns whenever possible and appropriate, after considering certain conditions, including any objections you may have.

• Document NRC actions taken to address the allegation.

• Advise you periodically about the status of the allegation.

• Provide a final report to you upon completion of the allegation evaluation.

The NRC will complete the review of any technical concerns you may bring forward and send a final report to you. If it takes longer than 6 months for the NRC to complete an evaluation of a concern, you will receive a letter explaining the status of the NRC’s review.

CONCERNS OUTSIDE THE NRC’S JURISDICTIONConcerns outside the NRC’s jurisdiction are not addressed within the NRC’s allegation process. The NRC will, as necessary, forward such concerns to the appropriate Federal or State agency. You will be notified of the action taken. Examples of these concerns include—

• utility rates

• pay or performance issues not related to raising nuclear safety concerns or other protected activity

• nonradiological industrial or occupational safety

• disposal of nonnuclear waste

AllegationReceived

AllegationCoordinator

AllegationReviewBoard

Inspection or Tech Review

Request LicenseeEvaluation/Info

Referral toAnother Agency

Early ADR

Investigation

Acknowledgement Letter

Enforcement

Results toAlleger

CloseConcern

?

Licensee Informed of OIInvestigation Results or If a

Violation Is Identi�ed

Yes

No

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IDENTITY PROTECTIONThe NRC recognizes that some people will only come forward if they believe their identities will be protected from disclosure. If you are concerned about protecting your identity, NRC representatives will make arrangements to call you at your home or meet with you at a discreet location.

The NRC will make all reasonable efforts not to disclose an individual’s identity outside the agency. Only NRC staff who have a need to know will be provided an individual’s identity. This would happen, for example, when an inspector or investigator is assigned to interview the individual. Documents that contain the individual’s identity are stored in a secured area and are not placed in NRC public document rooms or entered into the NRC’s Agencywide Documents Access and Management System (ADAMS).

Even if you do not object to being identified as the source of an allegation, the NRC will not reveal your identity unless it is necessary to evaluate the allegation or otherwise serves the mission of the agency or the public’s interest. However, the NRC may be required to reveal your identity outside the agency under the following rare circumstances:

(1) Disclosure is necessary to protect public health and safety because of an overriding safety issue identified in your allegation.

(2) Disclosure is necessary to satisfy a request from Congress or from a State or Federal agency.

(3) Disclosure is required to respond to a court order or Commission order or when necessary in adjudicatory proceedings.

(4) The NRC needs to pursue a wrongdoing investigation or support a hearing on an NRC enforcement matter.

(5) You take an action that is inconsistent with protecting your identity, such as notifying the news media or in some way publicly identifying yourself with the allegation.

The NRC will make every effort to withhold your identity in response to Freedom of Information Act requests, unless you have been identified as having brought the concern to the NRC under one of the circumstances outlined above.

Furthermore, if the NRC were to investigate a claim that you were a victim of discrimination because you raised a safety concern, investigating the allegation without identifying you would be extremely difficult. Therefore, when investigating a claim of discrimination, the NRC will disclose your name.

CONFIDENTIALITY AGREEMENTSIf, after the identity protection afforded by the NRC allegation process is explained to you, you remain concerned that your identity may be disclosed, the NRC can provide formal confidentiality. However, the NRC requires you to explicitly request confidentiality, and it is not granted routinely. Confidentiality affords protection of information that directly or otherwise could identify you by name and the fact that you provided the information to the NRC. After an authorized NRC official grants confidentiality, you and the NRC would sign a written agreement. The agreement would explain the conditions under which the NRC will protect your identity. As with the standard identity protection within the allegation process, your identity will be divulged to other NRC employees only on a need-to-know basis.

LIMITATIONS ON CONFIDENTIALITYEven if confidentiality is granted, the NRC cannot protect your identity under all circumstances. The specific situations requiring identity disclosure are very similar to those described earlier under the standard identity protection within the allegation process. However, disclosures involving overriding safety issues and requests from State or Federal agencies necessitate that the NRC staff seeks your prior approval. If you cannot be reached or do not agree to disclosure, the responsible NRC staff will contact the Commission for resolution.

On rare occasions, the NRC may revoke confidentiality. This may occur if you take an action so inconsistent with the agreement that it overrides the purpose of granting confidentiality, such as discussing the matter with the news media and being publicly identified by the media. Only the Commission itself, the NRC’s Executive Director for Operations, or the Director of the Office of Investigations can make a decision to revoke confidentiality.

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LICENSEE RESPONSIBILITYThe NRC expects licensees to establish and maintain a safety-conscious work environment that encourages employees to raise safety concerns to their management, free of any fear of reprisal for doing so. Such a work environment is critical to a licensee’s ability to safely carry out its responsibilities. Licensees must post or otherwise make available to workers a copy of NRC regulations, licenses, and operating procedures that apply to their work. All NRC-issued Notices of Violations involving radiological working conditions and proposed imposition of civil penalties and orders also must be posted.

Further, licensees are required by law to post NRC Form 3, “Notice to Employees,” that describes protected activities and explains how allegations of licensee violations can be reported directly to the NRC. Protected activities include, but are not limited to—

• conferring privately with NRC inspectors about any past or present condition that a worker believes contributed to or caused a violation of NRC regulations

• refusing to engage in activities that violate NRC requirements

• requesting the NRC to enforce its rules against the worker’s employer

• testifying, helping with or taking part in an NRC, congressional, or any Federal or State proceeding

• posting of radiation caution signs and labels

• recording and reporting worker radiation exposure

NRC Form 3 must be posted at prominent locations at the workplace to permit workers to view it easily. A copy of NRC Form 3 is reproduced at the end of this brochure for your reference.

HANDLING DISCRIMINATION AGAINST WORKERSYou should know that it is illegal for licensees to take discriminatory action—such as firing, reduction of pay, poor performance appraisals, or reassignment to a lower position or job—against a worker for raising safety concerns to management or the NRC.

You should be aware that while the NRC will investigate some discrimination complaints, the U.S. Department of Labor (DOL) is the agency from which nuclear workers must seek personal remedies when they believe they have been discriminated against for reporting a concern. You may also file a complaint with appropriate State agencies, if applicable. The NRC’s authority is limited to taking an enforcement action against the licensee, such as a fine, an order modifying an NRC license, or, in criminal cases, referral to the U.S. Department of Justice for prosecution.

If the NRC determines that your discrimination concern warrants evaluation under the NRC’s regulations, the NRC Office of Investigations (OI) may investigate your concern. During an investigation, OI gathers testimonial and documentary evidence related to the discrimination concern. Since performing such an investigation without identifying you can be extremely difficult, your name will be disclosed to a limited number of people who work for the employer. If, on the basis of the investigation, the NRC substantiates your discrimination concern, the NRC will consider enforcement action against the employer, as appropriate.

As an alternative to an OI investigation, once the NRC determines that an evaluation of your discrimination claim is warranted, you will be offered an opportunity to participate in the NRC’s preinvestigative alternative dispute resolution (ADR) program, which offers mediation in the handling of discrimination complaints. Mediation is a voluntary process in which two parties, you and your employer/former employer, use an unbiased, neutral individual, or mediator, in an attempt to resolve and settle your discrimination complaint. If an agreement is reached, the NRC will close the discrimination complaint upon settlement and will not perform an investigation. The ADR process applies only to your discrimination complaint—any technical safety issues you raised will be addressed separately.

REGIONAL OFFICES REGION ADDRESS TELEPHONE U.S. Nuclear Regulatory Commission, Region I 2100 Renaissance Boulevard, Suite 100 King of Prussia, PA 19406-2713

U.S. Nuclear Regulatory Commission, Region II 245 Peachtree Center Avenue ,NE., Suite 1200 Atlanta, GA 30303-1257

U.S. Nuclear Regulatory Commission, Region III 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4352

U.S. Nuclear Regulatory Commission Region, IV 1600 East Lamar Boulevard Arlington, Texas 76011-4511

UNITED STATES NUCLEAR REGULATORY COMMISSION Washington, DC 20555-0001

NRC FORM 3(8-2017)

UNITED STATES NUCLEAR REGULATORY COMMISSION REGIONAL OFFICE LOCATIONSA representative of the Nuclear Regulatory Commission can be contacted by employees who wish to register complaints or concerns about radiological working conditions or other matters associated with NRC-regulated activities at the following addresses and telephone numbers.

To report incidents involvingfraud, waste, or abuseby an NRC employee

or NRC contractor,

telephone:

OFFICE OF THEINSPECTOR GENERAL

HOTLINE1-800-233-3497

I

II

III

IV

(800) 432-1156

(800) 577-8510

(800) 522-3025

(800) 952-9677

WHAT IS THE NUCLEAR REGULATORY COMMISSION?The Nuclear Regulatory Commission (NRC) is an independent Federal regula-tory agency responsible for licensing and inspecting nuclear power plants and other commercial uses of radioactive materials.

WHAT DOES THE NRC DO?The NRC’s primary responsibility is to ensure that workers and the public are protected from unnecessary or excessive exposure to radiation and that nuclear facilities, including power plants, are constructed to high quality standards and operated in a safe and secure manner. The NRC does this by establishing requirements in Title 10 of the Code of Federal Regulations (10 CFR) and in licenses issued to nuclear users.

WHAT RESPONSIBILITY DOES MY EMPLOYER HAVE?Any company that conducts activities licensed by the NRC must comply with the NRC’s requirements. If a company violates NRC requirements, it can be fined or have its license modified, suspended or revoked.Your employer must tell you which NRC radiation requirements apply to your work and must post NRC Notices of Violation involving radiological working conditions.

WHAT IS MY RESPONSIBILITY?For your own protection and the protection of your co-workers, you should know how NRC requirements relate to your work and should follow them. If you observe violations of the requirements or have a safety concern, you should report them.

WHAT IF I CAUSE A VIOLATION?If you engaged in deliberate misconduct that may cause a violation of the NRC requirements, or would have caused a violation if it had not been detected, or deliberately provided inaccurate or incomplete information to either the NRC or to your employer, you may be subject to enforcement action. If you report such a violation, the NRC will consider the circumstances surrounding your reporting in determining the appropriate enforcement action, if any.

HOW DO I REPORT VIOLATIONS AND SAFETY CONCERNS?If you believe that violations of NRC rules or the terms of the license have occurred, or if you have a safety concern, you should report them imme-diately to your supervisor. You may report violations or safety concerns directly to the NRC. However, the NRC encourages you to raise your con-cerns with the licensee since the licensee has the primary responsibility for, and is most able to ensure, safe operation of nuclear facilities. If you choose to report your concern directly to the NRC, you may report it to an NRC in-

spector or call or write to the NRC Regional Office serving your area. If you send your concern in writing, it will assist the NRC in protecting your identity if you clearly indicate that you would like your concern to be considered by the NRC Allegation Program. The NRC’s toll-free SAFETY HOTLINE for re- porting safety concerns is listed below. The addresses for the NRC Regional Offices and the toll-free telephone numbers are also listed below. You can also e-mail safety concerns to [email protected].

WHAT IF I WORK WITH RADIOACTIVE MATERIAL OR IN THE VICINITY OF A RADIOACTIVE SOURCE?If you work with radioactive materials or near a radiation source, the amount of radiation exposure that you are permitted to receive may be limited by NRC regulations. The limits on exposure for workers at NRC licensed facilities whose duties involve exposure to radiation are contained in sections 20.1201, 20.1207, and 20.1208 of Title 10 of the Code of Federal Regulations (10 CFR 20) depending on the part of the regulations to which your employer is subject. While these are the maximum allowable limits, your employer should also keep your radiation exposure as far below those limits as is “reasonably achievable.”

MAY I GET A RECORD OF MY RADIATION EXPOSURE?Yes. Your employer is required to make available to you the information in your dose records (as maintained under the provisions of 10 CFR 20.2106). In addition your employer is required to provide you with an annual report of the dose you received in that monitoring year if the dose exceeds 100 millirem, or if you request an annual report.

HOW ARE VIOLATIONS OF NRC REQUIREMENTS IDENTIFIED?NRC conducts regular inspections at licensed facilities to assure compliance with NRC requirements. In addition, your employer and site contractors may conduct their own inspections to assure compliance. All inspectors are pro-tected by Federal law. Interference with them may result in criminal prosecu- tion for a Federal offense.

MAY I TALK WITH AN NRC INSPECTOR?Yes. NRC inspectors want to talk to you if you are worried about radiation safety or have other safety concerns about licensed activities, such as the quality of construction or operations at your facility. Your employer may not prevent you from talking with an inspector. The NRC will make all reasonable efforts to protect your identity where appropriate and possible.

MAY I REQUEST AN INSPECTION?Yes. If you believe that your employer has not corrected violations involving radiological working conditions, you may request an inspection. Your request should be addressed to the nearest NRC Regional Office and must describe the alleged violation in detail. It must be signed by you or your representative.

HOW DO I CONTACT THE NRC?Talk to an NRC inspector on-site or call or write to the nearest NRC Regional Office in your geographical area (see map below). If you call the NRC’s toll- free SAFETY HOTLINE during normal business hours, your call will automati-cally be directed to the NRC Regional Office for your geographical area. If you call after normal business hours, or if your call can’t be answered during normal business hours by the regional staff, your call will be directed to the NRC’s Headquarters Operations Center, which is manned 24 hours a day. Calls to the Headquarters Operations Center are recorded. You can also e-mail safety concerns to [email protected].

CAN I BE FIRED FOR RAISING A SAFETY CONCERN?Federal law prohibits an employer from firing or otherwise discriminating against you for bringing safety concerns to the attention of your employer or the NRC. You may not be fired or discriminated against because you engage in certain protected activities, including but not limited to,• asking the NRC to enforce its rules against your employer;• refusing to engage in activities which violate NRC requirements;• providing information or preparing to provide information to the NRC or your

employer about violations of requirements or safety concerns; or• asking for, or testifying, helping, or taking part in an NRC, Congressional,

or any Federal or State proceeding.

WHAT FORMS OF DISCRIMINATION ARE PROHIBITED?It is unlawful for an employer to fire you or discriminate against you with respect to pay, benefits, or working conditions because you help the NRC or raise a safety issue or otherwise engage in protected activities. Violations of Section 211 of the Energy Reorganization Act (ERA) of 1974 (42 U.S.C. 5851) include actions such as harassment, blacklisting, and intimidation by employ- ers of (i) employees who bring safety concerns directly to their employers or to the NRC; (ii) employees who have refused to engage in an unlawful practice, provided that the employee has identified the illegality to the employer; (iii) employees who have testified or are about to testify before Congress or in any Federal or State proceeding regarding any provision (or proposed provision) of the ERA or the Atomic Energy Act (AEA) of 1954; or (iv) employees who have commenced or caused to be commenced a proceeding for the administration or enforcement of any requirement imposed under the ERA or AEA or who have, or are about to, testify, assist, or participate in such a proceeding.

HOW DO I FILE A DISCRIMINATION COMPLAINT?If you believe that you have been discriminated against for bringing violations or safety concerns to the NRC or your employer, you may file a complaint with the NRC, the U.S. Department of Labor (DOL), or appropriate state entities. If you desire a person-

al remedy, a complaint may be filed with the DOL pursuant to Section 211 of the ERA or with appropriate state entities. Your complaint to the DOL must describe in detail the basis for your belief that the employer discriminated against you on the basis of your protected activity, and it must be filed in writing either in person or by mail within 180 days of the date of the alleged discriminatory action or the date you re-ceived any notice, in writing or otherwise, of an adverse personnel action, whichever occured first. Additional information is available at the DOL web site at www.osha.gov. Filing an allegation, complaint, or request for action with the NRC does not extend the requirement to file a complaint with the DOL within 180 days. To do so, you may contact the Allegation Coordinator in the appropriate NRC Region, as listed below, who will provide you with the address and telephone number of the correct OSHA Regional office to receive your complaint. You may also check your local telephone directory under the U.S. Government listings for the address and telephone number of the appropriate OSHA Regional office.

WHAT CAN THE DEPARTMENT OF LABOR DO?If your complaint involves a violation of Section 211 of the ERA by your employer, the DOL provides a process for obtaining a personal remedy. The DOL will notify your employer that a complaint has been filed and will investigate your complaint.If the DOL finds that your employer has unlawfully discriminated against you, it may order that you be reinstated, receive back pay, or be compensated for any injury suffered as a result of the discrimination and be paid attorney’s fees and costs.Relief will not be awarded to employees who engage in deliberate violations of the Energy Reorganization Act or the Atomic Energy Act.

WHAT WILL THE NRC DO?The NRC will evaluate each allegation of harassment, intimidation, or discrimi- nation to determine whether sufficient information is provided to initiate NRC involvement. To assist in this evaluation, an investigator from the NRC’s Office of Investigations (IO) may interview you and gather any applicable documentation in your possesion. If the NRC determines that the allegation falls within its purview, NRC’s OI will initiate an investigation of your allegation of discrimination unless, prior to the initiation of such investigation, you choose to engage in mediation with your employer in an attempt to settle your allegation of discrimination. If a settlement is reached and the NRC is provided such agreement for review and finds it acceptable, the NRC will close your allegation of discrimination and will not perform an investigation. However, any settlement agreement between you and your employer on your discrimination claim will not impact, in any way, the resolution of the underlying technical issues or any other allegation you may have filed or will file with the NRC. Alternatively, if an acceptable settlement is not reached, NRC’s OI will initiate an investigation. If the NRC or the DOL finds that unlawful discrimination has occurred, the NRC may issue a Notice of Violation to your employer, impose a fine, or suspend, modify, or revoke your employer’s NRC license.

NOTICE TO EMPLOYEESSTANDARDS FOR PROTECTION AGAINST RADIATION (PART 20); NOTICES, INSTRUCTIONS AND

REPORTS TO WORKERS; INSPECTIONS (PART 19); EMPLOYEE PROTECTION

To report safety concerns orviolations of

NRC requirementsby your employer,

telephone:

NRCSAFETY HOTLINE

1-800-695-7403

Nuclear Power Plants • Each regional office oversees the

plants in its region—except for the Callaway plant in Missouri, which Region IV oversees.

Materials Licensees • Region I oversees licensees and

Federal facilities located geographically in Region I and Region II.

• Region III oversees licensees and Federal facilities located geographically in Region III.

• Region IV oversees licensees and Federal facilities located geographically in Region IV.

Nuclear Fuel Processing Facilities • Region II oversees all the fuel

processing facilities in all regions. • Region II also handles all construction

inspection activities for new nuclear power plants and fuel cycle facilities in all regions.

NRC FORM 3

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If ADR does not result in a settlement, the NRC (OI) may initiate an investigation into your discrimination complaint. As mentioned above, the NRC’s ADR program is voluntary, and any participant may end the mediation at any time.

The NRC encourages employers to develop similar dispute resolution processes for use in conjunction with their own employee concerns programs. If a worker and employer resolve and settle a discrimination concern using such a process, the employer may voluntarily report the settlement to the NRC. If the NRC is notified of an internal settlement before an NRC OI investigation is initiated, the NRC will close the discrimination complaint and will not perform an investigation.

Although participation in the NRC’s ADR program may lead to negotiation of your discrimination complaint, you should still consider filing a discrimination complaint with the DOL. In order to protect your right to file a discrimination claim with DOL, you must file a written complaint with DOL within 180 days of the date of the alleged discriminatory action or the date you received any notice, in writing or otherwise, of an adverse personnel action, whichever occurs first.

DOL may choose to wait for the ADR mediation to finish in case you reach a settlement with your employer, but timely filing of a discrimination complaint with DOL ensures that DOL will review your claim in the event ADR is unsuccessful.

Once entered, the entire DOL complaint process may take several years to complete. It begins with an attempt by the local DOL office to negotiate a settlement between you and your employer. If this effort is unsuccessful, the local DOL office will investigate to determine whether discrimination occurred and provide its conclusions to the parties involved. Usually, this phase is completed within about 90 days.

At the request of the worker or employer, a DOL administrative law judge can review the conclusions of the local DOL office. The judge will hold a hearing and issue a recommended decision that will be reviewed by the DOL Administrative Review Board. The Administrative Review Board’s decision becomes the Secretary of Labor’s final decision. The Secretary’s decision may be appealed to the U.S. Court of Appeals.

Depending on the outcome in each step of the DOL process, you will have to await decisions concerning reinstatement to your job, payment of back wages, and compensatory damages, including repayment of legal fees. To fully preserve your rights to a personal remedy, you will need to participate in each step of the process.

Written complaints can be sent to the Occupational Safety and Health Administration at any of the DOL regional offices. To obtain the address of the correct regional office, you can either look it up in your local telephone directory or contact an NRC Allegation Coordinator, who can also answer questions about how to file a complaint with DOL.

If you file a discrimination complaint with DOL and later find that you need information from the NRC about issues associated with your protected activity or NRC requirements, you may contact the NRC by calling 1-800-368-5642 and asking for the Agency Allegation Advisor or calling 301-415-8529 directly.

SAFETY CONSCIOUS WORK ENVIRONMENTThe NRC recognizes that concerns about discrimination can discourage workers from raising safety concerns. Other behaviors, such as defensive or ineffective responses to concerns raised, could also impact the free flow of information at a facility. Therefore, in 1996, the NRC issued a policy statement to convey the Commission’s expectation that licensees establish and maintain a safety conscious work environment in which the following occurs:

• Employees are encouraged and are free to raise safety concerns, both to their management and to the NRC, without fear of retaliation.

• Concerns are promptly reviewed, given the proper priority based on their potential safety significance, and appropriately resolved.

Workers who raise safety concerns serve a vital role in the protection of public health and safety. Retaliation against those who do so is unlawful and will not be tolerated by the NRC.

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• Timely feedback is provided to the individual raising the concern or others as necessary.

Concerns about the safety conscious work environment are of interest to the NRC. Some individuals refer to this type of concern as a “chilling effect.” To assist the NRC staff evaluating such a concern, you may be asked the following questions:

• Are there any specific safety concerns you or others have not raised? If so, will you tell us about them now?

• What specifically happened, and when, that impacted your or others’ willingness to raise safety concerns?

• What types of concerns are you hesitant to raise and why? What is their impact on safety?

• To whom are you hesitant to raise concerns and why? What reporting avenues are impacted?

• Which organizations and how many individuals are impacted by the chilling effect?

• Who is contributing to the chilled work environment and what is his or her relationship to those who are chilled?

• Do you believe management is aware of the chilled work environment? If yes, have actions been taken to address the situation and do you feel the actions have been effective?

SUMMARYThe NRC believes that all workers should feel free to raise concerns to their employers so that issues can be dealt with quickly. At any time, however, employees and members of the public have the option of bringing a safety concern directly to the NRC.

Workers who raise safety concerns serve a vital role in the protection of public health and safety. Retaliation against those who do so is unlawful and will not be tolerated by the NRC.

DEFINITIONSAgency Allegation Advisor—A designated NRC staff member who is responsible for monitoring the NRC’s allegation program and providing advice and guidance to NRC management and staff on handling allegations.

Allegation—A declaration, statement, or assertion of impropriety or inadequacy associated with the NRC-regulated activities, the validity of which has not been established.

Allegation Review Board (ARB)—A board established by regional administrators or headquarters office directors to determine the safety significance and appropriate NRC follow up for each allegation. The ARB consists of a chairperson (a senior NRC manager), an Allegation Coordinator, and other individuals within an NRC office or region.

Allegation Coordinator—A designated staff member who serves as the point of contact for processing allegations in an NRC region or headquarters office.

Alleger—An individual who, or organization that, submits an allegation to the NRC.

Confidentiality—Identity protection for an alleger who has been granted confidential source status.

Investigation—An activity conducted by the NRC’s OI to independently gather and examine testimonial, documentary, and physical evidence, and relevant facts, to assist the staff, the NRC’s Office of Enforcement, or the U.S. Department of Justice in evaluating allegations of wrongdoing and/or discrimination.

Wrongdoing—A willful violation of regulatory requirements through deliberate action or a violation resulting from careless disregard of regulatory requirements.

ADDITIONAL RESOURCES■ NRC Alternative Dispute Resolution Program

brochure NUREG/BR-0313 at http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures/br0313/

■ Occupational Safety and Health Administration Web site at http://www.osha.gov

■NRC Report a Safety Concern Web site at http://www.nrc.gov/about-nrc/regulatory/allegations/safety-concern.html

REG

ION

AL

OFF

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REG

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AD

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C F

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UN

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STA

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NU

CLE

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REG

ULA

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CO

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REG

ION

AL

OFF

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LOC

ATIO

NS

A re

pres

enta

tive

of th

e N

ucle

ar R

egul

ator

y C

omm

issi

on c

an b

e co

ntac

ted

by e

mpl

oyee

s w

ho w

ish

to re

gist

er c

ompl

aint

s or

con

cern

s ab

out r

adio

logi

cal

wor

king

con

ditio

ns o

r oth

er m

atte

rs a

ssoc

iate

d w

ith N

RC

-regu

late

d ac

tiviti

es a

t the

follo

win

g ad

dres

ses

and

tele

phon

e nu

mbe

rs.

To re

port

inci

dent

s in

volv

ing

fraud

, was

te, o

r abu

seby

an

NR

C e

mpl

oyee

or N

RC

con

tract

or,

tele

phon

e:

OFF

ICE

OF

THE

INSP

ECTO

R G

ENER

AL

HO

TLIN

E1-

800-

233-

3497

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(800

) 432

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6

(800

) 577

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) 522

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(800

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WH

AT IS

TH

E N

UC

LEA

R R

EGU

LATO

RY C

OM

MIS

SIO

N?

The

Nuc

lear

Reg

ulat

ory C

omm

issi

on (N

RC

) is a

n in

depe

nden

t Fed

eral

regu

la-

tory

age

ncy

resp

onsi

ble

for l

icen

sing

and

insp

ectin

g nu

clea

r pow

er p

lant

s an

d ot

her c

omm

erci

al u

ses

of ra

dioa

ctiv

e m

ater

ials

.

WH

AT D

OES

TH

E N

RC

DO

?Th

e N

RC

’s pr

imar

y re

spon

sibi

lity

is to

ens

ure

that

wor

kers

and

the

publ

ic a

re

prot

ecte

d fro

m u

nnec

essa

ry o

r exc

essiv

e ex

posu

re to

radi

atio

n an

d th

at n

ucle

ar

faci

litie

s, in

clud

ing

pow

er p

lant

s, a

re c

onst

ruct

ed to

hig

h qu

ality

sta

ndar

ds a

nd

oper

ated

in a

saf

e an

d se

cure

man

ner.

The

NR

C d

oes

this

by

esta

blis

hing

re

quire

men

ts in

Titl

e 10

of t

he C

ode

of F

eder

al R

egul

atio

ns (1

0 C

FR) a

nd in

lic

ense

s is

sued

to n

ucle

ar u

sers

.

WH

AT R

ESPO

NSI

BIL

ITY

DO

ES M

Y EM

PLO

YER

HAV

E?An

y co

mpa

ny th

at c

ondu

cts

activ

ities

lice

nsed

by

the

NR

C m

ust c

ompl

y w

ith

the

NR

C’s

requ

irem

ents

. If a

com

pany

vio

late

s N

RC

requ

irem

ents

, it c

an b

e fin

ed o

r hav

e its

lice

nse

mod

ified

, sus

pend

ed o

r rev

oked

.Yo

ur e

mpl

oyer

mus

t tel

l you

whi

ch N

RC

radi

atio

n re

quire

men

ts a

pply

to y

our

wor

k an

d m

ust p

ost N

RC

Not

ices

of V

iola

tion

invo

lvin

g ra

diol

ogic

al w

orki

ng

cond

ition

s.

WH

AT IS

MY

RES

PON

SIB

ILIT

Y?Fo

r yo

ur o

wn

prot

ectio

n an

d th

e pr

otec

tion

of y

our

co-w

orke

rs, y

ou s

houl

d kn

ow h

ow N

RC

req

uire

men

ts r

elat

e to

you

r w

ork

and

shou

ld fo

llow

them

. If

you

obse

rve

viola

tions

of t

he r

equi

rem

ents

or

have

a s

afet

y co

ncer

n, y

ou

shou

ld re

port

them

.

WH

AT IF

I C

AU

SE A

VIO

LATI

ON

?If

you

enga

ged

in d

elib

erat

e m

isco

nduc

t tha

t may

cau

se a

vio

latio

n of

the

NR

C

requ

irem

ents

, or w

ould

hav

e ca

used

a v

iola

tion

if it

had

not b

een

dete

cted

, or

delib

erat

ely

prov

ided

inac

cura

te o

r inc

ompl

ete

info

rmat

ion

to e

ither

the

NR

C

or to

you

r em

ploy

er, y

ou m

ay b

e su

bjec

t to

enfo

rcem

ent a

ctio

n. If

you

repo

rt su

ch a

vio

latio

n, th

e N

RC

will

cons

ider

the

circ

umst

ance

s su

rroun

ding

you

r re

porti

ng in

det

erm

inin

g th

e ap

prop

riate

enf

orce

men

t act

ion,

if a

ny.

HO

W D

O I

REP

OR

T VI

OLA

TIO

NS

AN

D S

AFE

TY C

ON

CER

NS?

If yo

u be

lieve

that

vio

latio

ns o

f NR

C ru

les

or th

e te

rms

of th

e lic

ense

hav

e oc

curre

d, o

r if

you

have

a s

afet

y co

ncer

n, y

ou s

houl

d re

port

them

imm

e-di

atel

y to

you

r su

perv

isor

. You

may

rep

ort

viol

atio

ns o

r sa

fety

con

cern

s di

rect

ly to

the

NR

C. H

owev

er, t

he N

RC

enc

oura

ges

you

to r

aise

you

r co

n-ce

rns

with

the

licen

see

sinc

e th

e lic

ense

e ha

s th

e pr

imar

y re

spon

sibi

lity

for,

and

is m

ost a

ble

to e

nsur

e, s

afe

oper

atio

n of

nuc

lear

faci

litie

s. If

you

cho

ose

to r

epor

t you

r con

cern

dire

ctly

to th

e NR

C, y

ou m

ay re

port

it to

an

NRC

in-

spec

tor o

r cal

l or w

rite

to th

e N

RC

Reg

iona

l Offi

ce s

ervi

ng y

our a

rea.

If y

ou

send

you

r con

cern

in w

ritin

g, it

will

assis

t the

NRC

in p

rote

ctin

g yo

ur id

entit

y if

you

clear

ly in

dica

te th

at y

ou w

ould

like

you

r co

ncer

n to

be

cons

ider

ed b

y th

e NR

C Al

lega

tion

Prog

ram

. The

NRC

’s to

ll-fre

e SA

FETY

HO

TLIN

E fo

r re-

po

rting

saf

ety

conc

erns

is li

sted

bel

ow. T

he a

ddre

sses

for t

he N

RC R

egio

nal

Offi

ces

and

the

toll-

free

tele

phon

e nu

mbe

rs a

re a

lso li

sted

bel

ow. Y

ou c

an

also

e-m

ail s

afet

y co

ncer

ns to

NRC

.Alle

gatio

n@nr

c.go

v.

WH

AT IF

I W

OR

K W

ITH

RA

DIO

AC

TIVE

MAT

ERIA

L O

R IN

TH

E VI

CIN

ITY

OF

A R

AD

IOA

CTI

VE S

OU

RC

E?If

you

work

with

radi

oact

ive m

ater

ials

or n

ear a

radi

atio

n so

urce

, the

am

ount

of

radi

atio

n ex

posu

re th

at y

ou a

re p

erm

itted

to re

ceive

may

be

limite

d by

NRC

re

gula

tions

. The

lim

its o

n ex

posu

re fo

r w

orke

rs a

t NR

C li

cens

ed fa

cilit

ies

who

se d

utie

s in

volv

e ex

posu

re to

radi

atio

n ar

e co

ntai

ned

in s

ectio

ns 2

0.12

01,

20.1

207,

and

20.

1208

of T

itle

10 o

f the

Cod

e of

Fed

eral

Reg

ulat

ions

(10

CFR

20

) dep

endi

ng o

n th

e pa

rt of

the

regu

latio

ns to

whi

ch yo

ur e

mpl

oyer

is su

bjec

t. W

hile

thes

e ar

e th

e m

axim

um a

llowa

ble

limits

, you

r em

ploy

er sh

ould

also

keep

yo

ur ra

diat

ion

expo

sure

as f

ar b

elow

thos

e lim

its a

s is “

reas

onab

ly ac

hiev

able

.”

MAY

I G

ET A

REC

OR

D O

F M

Y R

AD

IATI

ON

EXP

OSU

RE?

Yes.

You

r em

ploy

er is

requ

ired

to m

ake

avai

labl

e to

you

the

info

rmat

ion

in

your

dos

e re

cord

s (a

s m

aint

aine

d un

der t

he p

rovi

sion

s of

10

CFR

20.

2106

). In

add

ition

you

r em

ploy

er is

requ

ired

to p

rovi

de y

ou w

ith a

n an

nual

repo

rt of

th

e do

se yo

u re

ceiv

ed in

that

mon

itorin

g ye

ar if

the

dose

exc

eeds

100

milli

rem

, or

if y

ou re

ques

t an

annu

al re

port.

HO

W A

RE

VIO

LATI

ON

S O

F N

RC

REQ

UIR

EMEN

TS ID

ENTI

FIED

?N

RC

con

duct

s re

gula

r ins

pect

ions

at l

icen

sed

faci

litie

s to

ass

ure

com

plia

nce

with

NR

C re

quire

men

ts. I

n ad

ditio

n, y

our e

mpl

oyer

and

site

con

tract

ors

may

co

nduc

t the

ir ow

n in

spec

tions

to a

ssur

e co

mpl

ianc

e. A

ll in

spec

tors

are

pro

-te

cted

by

Fede

ral l

aw. I

nter

fere

nce

with

them

may

resu

lt in

crim

inal

pro

secu

- tio

n fo

r a F

eder

al o

ffens

e.

MAY

I TA

LK W

ITH

AN

NR

C IN

SPEC

TOR

?Ye

s. N

RC in

spec

tors

wan

t to

talk

to yo

u if y

ou a

re w

orrie

d ab

out r

adia

tion

safe

ty

or h

ave

othe

r saf

ety

conc

erns

abo

ut li

cens

ed a

ctiv

ities

, suc

h as

the

qual

ity

of c

onst

ruct

ion

or o

pera

tions

at y

our f

acilit

y. Yo

ur e

mpl

oyer

may

not

pre

vent

yo

u fro

m ta

lkin

g w

ith a

n in

spec

tor.

The

NR

C w

ill m

ake

all r

easo

nabl

e ef

forts

to

pro

tect

you

r ide

ntity

whe

re a

ppro

pria

te a

nd p

ossi

ble.

MAY

I R

EQU

EST

AN

INSP

ECTI

ON

?Ye

s. If

you

bel

ieve

that

you

r em

ploy

er h

as n

ot c

orre

cted

vio

latio

ns in

volv

ing

radi

olog

ical

wor

king

con

ditio

ns, y

ou m

ay re

ques

t an

insp

ectio

n. Y

our r

eque

st

shou

ld b

e ad

dres

sed

to th

e ne

ares

t NR

C R

egio

nal O

ffice

and

mus

t des

crib

e th

e al

lege

d vio

latio

n in

det

ail.

It m

ust b

e sig

ned

by y

ou o

r you

r rep

rese

ntat

ive.

HOW

DO

I CO

NTAC

T TH

E NR

C?Ta

lk to

an

NRC

insp

ecto

r on-

site

or c

all o

r writ

e to

the

near

est N

RC R

egio

nal

Offi

ce in

you

r geo

grap

hica

l are

a (s

ee m

ap b

elow

). If

you

call

the

NRC’

s to

ll-

free

SAFE

TY H

OTL

INE

durin

g no

rmal

bus

ines

s ho

urs,

you

r cal

l will

auto

mat

i-ca

lly b

e di

rect

ed to

the

NRC

Regi

onal

Offi

ce fo

r you

r geo

grap

hica

l are

a. If

you

ca

ll af

ter

norm

al b

usin

ess

hour

s, o

r if

your

cal

l can

’t be

ans

wer

ed d

urin

g no

rmal

bus

ines

s ho

urs

by th

e re

gion

al s

taff,

yo

ur c

all w

ill be

dire

cted

to

the

NR

C’s

Hea

dqua

rters

Ope

ratio

ns C

ente

r, w

hich

is m

anne

d 24

hou

rs a

da

y. C

alls

to th

e H

eadq

uarte

rs O

pera

tions

Cen

ter

are

reco

rded

. You

can

al

so e

-mai

l saf

ety

conc

erns

to N

RC.A

llega

tion@

nrc.

gov.

CAN

I BE

FIRE

D FO

R RA

ISIN

G A

SAF

ETY

CONC

ERN?

Fede

ral la

w pr

ohib

its a

n em

ploy

er fr

om fir

ing

or o

ther

wise

disc

rimin

atin

g ag

ains

t yo

u fo

r brin

ging

saf

ety

conc

erns

to th

e at

tent

ion

of y

our e

mpl

oyer

or t

he N

RC.

You

may

not

be

fired

or d

iscrim

inat

ed a

gain

st b

ecau

se y

ou e

ngag

e in

cer

tain

pr

otec

ted

activ

ities,

inclu

ding

but

not

limite

d to

,•

askin

g th

e NR

C to

enf

orce

its

rule

s ag

ains

t you

r em

ploy

er;

• re

fusin

g to

eng

age

in a

ctivi

ties

which

vio

late

NRC

requ

irem

ents

;•

prov

idin

g in

form

atio

n or

pre

parin

g to

pro

vide

info

rmat

ion

to th

e NR

C or

you

r em

ploy

er a

bout

vio

latio

ns o

f req

uire

men

ts o

r saf

ety

conc

erns

; or

• as

king

for,

or te

stify

ing,

hel

ping

, or t

akin

g pa

rt in

an

NRC,

Con

gres

siona

l, or

any

Fed

eral

or S

tate

pro

ceed

ing.

WHA

T FO

RMS

OF

DISC

RIM

INAT

ION

ARE

PRO

HIBI

TED?

It is

unl

awfu

l for

an

empl

oyer

to fi

re y

ou o

r di

scrim

inat

e ag

ains

t you

with

re

spec

t to

pay,

bene

fits,

or w

orkin

g co

nditio

ns b

ecau

se y

ou h

elp

the

NRC

or

raise

a s

afet

y iss

ue o

r oth

erwi

se e

ngag

e in

pro

tect

ed a

ctivi

ties.

Vio

latio

ns o

f Se

ctio

n 21

1 of

the

Ener

gy R

eorg

aniza

tion

Act (

ERA)

of 1

974

(42

U.S.

C. 5

851)

in

clude

act

ions

suc

h as

har

assm

ent,

blac

klist

ing,

and

intim

idat

ion

by e

mpl

oy-

ers

of (i

) em

ploy

ees

who

brin

g sa

fety

con

cern

s di

rect

ly to

thei

r em

ploy

ers

or to

th

e NR

C; (i

i) em

ploy

ees

who

have

refu

sed

to e

ngag

e in

an

unla

wful

pra

ctice

, pr

ovid

ed th

at th

e em

ploy

ee h

as id

entifi

ed th

e ille

gality

to th

e em

ploy

er; (

iii)

empl

oyee

s wh

o ha

ve te

stifie

d or

are

abo

ut to

test

ify b

efor

e Co

ngre

ss o

r in

any

Fede

ral o

r Sta

te p

roce

edin

g re

gard

ing

any

prov

ision

(or p

ropo

sed

prov

ision

) of

the

ERA

or th

e At

omic

Ener

gy A

ct (A

EA) o

f 195

4; o

r (iv)

em

ploy

ees

who

have

co

mm

ence

d or

cau

sed

to b

e co

mm

ence

d a

proc

eedi

ng fo

r the

adm

inist

ratio

n or

enf

orce

men

t of a

ny r

equi

rem

ent i

mpo

sed

unde

r th

e ER

A or

AEA

or

who

have

, or a

re a

bout

to, t

estif

y, as

sist,

or p

artic

ipat

e in

suc

h a

proc

eedi

ng.

HOW

DO

I FI

LE A

DIS

CRIM

INAT

ION

COM

PLAI

NT?

If you

belie

ve th

at yo

u hav

e bee

n disc

rimin

ated

agai

nst fo

r brin

ging

viol

atio

ns or

safe

ty

conc

erns

to th

e NR

C or

your

em

ploy

er, y

ou m

ay fil

e a

com

plai

nt w

ith th

e NR

C, th

e U.

S. D

epar

tmen

t of L

abor

(DO

L), o

r app

ropr

iate

stat

e ent

ities.

If yo

u des

ire a

pers

on-

al re

med

y, a c

ompl

aint

may

be fil

ed w

ith th

e DO

L pur

suan

t to S

ectio

n 211

of th

e ERA

or

with

appr

opria

te st

ate e

ntitie

s. Yo

ur co

mpl

aint

to th

e DO

L mus

t des

crib

e in d

etai

l th

e bas

is fo

r you

r bel

ief th

at th

e em

ploy

er di

scrim

inat

ed ag

ains

t you

on th

e bas

is of

yo

ur pr

otec

ted a

ctivi

ty, an

d it m

ust b

e file

d in w

ritin

g eith

er in

pers

on or

by m

ail w

ithin

18

0 da

ys o

f the

dat

e of

the

alle

ged

disc

rimin

ator

y ac

tion

or th

e da

te y

ou r

e-ce

ived

any

notic

e, in

writ

ing

or o

ther

wise

, of

an

adve

rse

pers

onne

l act

ion,

wh

ichev

er o

ccur

ed fi

rst.

Addi

tiona

l inf

orm

atio

n is

avai

labl

e at

the

DOL

web

site

at w

ww.o

sha.

gov.

Filin

g an

alle

gatio

n, c

ompl

aint

, or

req

uest

for

act

ion

with

th

e NR

C do

es n

ot e

xten

d th

e re

quire

men

t to

file a

com

plai

nt w

ith th

e DO

L wi

thin

180

day

s. T

o do

so,

you

may

con

tact

the

Alle

gatio

n Co

ordi

nato

r in

th

e ap

prop

riate

NRC

Reg

ion,

as

liste

d be

low,

who

will

prov

ide

you

with

th

e add

ress

and t

elep

hone

num

ber o

f the c

orre

ct O

SHA

Regi

onal

offic

e to r

ecei

ve

your

com

plai

nt. Y

ou m

ay a

lso ch

eck y

our l

ocal

tele

phon

e di

rect

ory u

nder

the

U.S.

G

over

nmen

t list

ings

for t

he a

ddre

ss a

nd te

leph

one

num

ber o

f the

app

ropr

iate

O

SHA

Regi

onal

offi

ce.

WHA

T CA

N TH

E DE

PART

MEN

T O

F LA

BOR

DO?

If yo

ur co

mpl

aint

invo

lves a

viol

atio

n of

Sec

tion

211

of th

e ER

A by

your

em

ploy

er,

the

DOL

prov

ides

a p

roce

ss fo

r obt

aini

ng a

per

sona

l rem

edy.

The

DOL

will n

otify

yo

ur e

mpl

oyer

that

a co

mpl

aint

has

bee

n file

d an

d wi

ll inv

estig

ate

your

com

plai

nt.

If the

DO

L find

s tha

t you

r em

ploy

er ha

s unl

awfu

lly d

iscrim

inat

ed ag

ains

t you

, it m

ay

orde

r tha

t you

be

rein

stat

ed, r

ecei

ve b

ack

pay,

or b

e co

mpe

nsat

ed fo

r any

inju

ry

suffe

red

as a

resu

lt of

the

disc

rimin

atio

n an

d be

pai

d at

torn

ey’s

fees

and

cos

ts.

Relie

f will

not b

e aw

arde

d to

em

ploy

ees

who

enga

ge in

del

iber

ate

viola

tions

of

the

Ener

gy R

eorg

aniza

tion

Act o

r the

Ato

mic

Ener

gy A

ct.

WHA

T W

ILL

THE

NRC

DO?

The

NRC

will e

valu

ate

each

alle

gatio

n of

har

assm

ent,

intim

idat

ion,

or d

iscrim

i- na

tion

to d

eter

min

e wh

ethe

r suf

ficie

nt in

form

atio

n is

prov

ided

to in

itiate

NRC

in

volve

men

t. To

assis

t in th

is ev

alua

tion,

an

inve

stig

ator

from

the

NRC’

s Offi

ce o

f In

vest

igat

ions

(IO

) may

inte

rvie

w yo

u an

d ga

ther

any

app

licab

le d

ocum

enta

tion

in

your

pos

sesio

n. If

the

NRC

dete

rmin

es th

at th

e al

lega

tion

falls

with

in its

pur

view,

NR

C’s

OI w

ill in

itiate

an

inve

stig

atio

n of

you

r alle

gatio

n of

disc

rimin

atio

n un

less

, pr

ior t

o th

e in

itiatio

n of

suc

h in

vest

igat

ion,

you

cho

ose

to e

ngag

e in

med

iatio

n wi

th y

our e

mpl

oyer

in a

n at

tem

pt to

set

tle y

our a

llega

tion

of d

iscrim

inat

ion.

If a

se

ttlem

ent i

s re

ache

d an

d th

e NR

C is

prov

ided

suc

h ag

reem

ent f

or re

view

and

finds

it a

ccep

tabl

e, th

e NR

C wi

ll clo

se y

our a

llega

tion

of d

iscrim

inat

ion

and

will

not p

erfo

rm a

n in

vest

igat

ion.

How

ever

, any

set

tlem

ent a

gree

men

t bet

ween

you

an

d yo

ur e

mpl

oyer

on

your

disc

rimin

atio

n cla

im w

ill no

t im

pact

, in

any

way,

the

reso

lutio

n of

the

unde

rlyin

g te

chni

cal i

ssue

s or

any

oth

er a

llega

tion

you

may

ha

ve fi

led

or w

ill file

with

the

NRC.

Alte

rnat

ively,

if a

n ac

cept

able

set

tlem

ent i

s no

t rea

ched

, NRC

’s O

I will

initia

te a

n in

vest

igat

ion.

If

the

NR

C o

r th

e D

OL

finds

that

unl

awfu

l dis

crim

inat

ion

has

occu

rred,

the

NRC

may

issu

e a

Notic

e of

Vio

latio

n to

your

em

ploy

er, im

pose

a fin

e, o

r sus

pend

, m

odify

, or r

evok

e yo

ur e

mpl

oyer

’s NR

C lic

ense

.

NO

TIC

E TO

EM

PLO

YEES

STAN

DAR

DS

FOR

PR

OTE

CTI

ON

AG

AIN

ST R

ADIA

TIO

N (P

ART

20);

NO

TIC

ES, I

NST

RU

CTI

ON

S AN

D

REP

ORT

S TO

WO

RKE

RS;

INSP

ECTI

ON

S (P

ART

19);

EMPL

OYE

E PR

OTE

CTI

ON

To re

port

safe

ty c

once

rns

orvi

olat

ions

of

NR

C re

quire

men

tsby

you

r em

ploy

er,

tele

phon

e:

NR

CSA

FETY

HO

TLIN

E

1-80

0-69

5-74

03

Nuc

lear

Pow

er P

lant

s •

Each

regi

onal

offi

ce o

vers

ees

the

plan

ts in

its

regi

on—

exce

pt fo

r the

C

alla

way

pla

nt in

Mis

sour

i, w

hich

R

egio

n IV

ove

rsee

s.

Mat

eria

ls L

icen

sees

Reg

ion

I ove

rsee

s lic

ense

es a

nd

Fede

ral f

acilit

ies

loca

ted

geog

raph

ical

ly

in R

egio

n I a

nd R

egio

n II.

Reg

ion

III o

vers

ees

licen

sees

and

Fe

dera

l fac

ilitie

s lo

cate

d ge

ogra

phic

ally

in

Reg

ion

III.

• R

egio

n IV

ove

rsee

s lic

ense

es a

nd

Fede

ral f

acilit

ies

loca

ted

geog

raph

ical

ly

in R

egio

n IV

.

Nuc

lear

Fue

l Pro

cess

ing

Faci

litie

s •

Reg

ion

II ov

erse

es a

ll th

e fu

el

proc

essi

ng fa

cilit

ies

in a

ll re

gion

s.

• R

egio

n II

also

han

dles

all

cons

truct

ion

insp

ectio

n ac

tiviti

es fo

r new

nuc

lear

po

wer

pla

nts

and

fuel

cyc

le fa

cilit

ies

in

all r

egio

ns.

NUREG/BR-0240, Rev. 8 August 2017