1. 10 CFR Part 26, Subpart I Managing Fatigue 10 CFR Part 26, Subpart I Managing Fatigue Kamishan O. Martin, Human Factors Engineer Office of Nuclear Reactor Regulation Kamishan O. Martin, Human Factors Engineer Office of Nuclear Reactor Regulation Utility Workers Union of America, AFL-CIO Power for America Conference April 23, 2009 Las Vegas, Nevada

2. Overview Policy/Rulemaking History and Background Fatigue Effects and Contributing Factors Managing Fatigue in Rule Provisions Implementation Dates and Guidance Questions Policy/Rulemaking History and Background Fatigue Effects and Contributing Factors Managing Fatigue in Rule Provisions Implementation Dates and Guidance Questions

3. History - Background 1982 NRC published GL 82-12, Policy on Worker Fatigue 1991 NRC issued IN 91-36, Nuclear Plant Staff Working Hours 1999 NRC received concerns from Congress and UCS 2001 NRC staff reviewed adequacy of policy implementation 2002 Commission approved rulemaking 2002-2008 public meetings held on draft requirements and implementation development 2008 Final Rule Published 1982 NRC published GL 82-12, Policy on Worker Fatigue 1991 NRC issued IN 91-36, Nuclear Plant Staff Working Hours 1999 NRC received concerns from Congress and UCS 2001 NRC staff reviewed adequacy of policy implementation 2002 Commission approved rulemaking 2002-2008 public meetings held on draft requirements and implementation development 2008 Final Rule Published

4. History - Background Guidance not clear and not prescriptive Use of waivers not clearly limited Cumulative fatigue not effectively addressed Only addresses fatigue from work hours Guidance not clear and not prescriptive Use of waivers not clearly limited Cumulative fatigue not effectively addressed Only addresses fatigue from work hours

5. Fatigue Effects and Contributing Factors Fatigue is defined as a degradation in a person’s cognitive and motor functioning resulting from inadequate rest. Acute Fatigue means fatigue from causes occurring in the past 24 hours, such as restricted sleep, sustained wakefulness and task demands. Cumulative Fatigue means the increase in fatigue over consecutive sleep-wake periods resulting from inadequate rest.

6. Fatigue Effects and Contributing Factors Occurs Before sleep onset Effects comparable to blood alcohol concentrations that are prohibited in Part 26 Impairs attention, communication skills, decision making, teamwork Occurs Before sleep onset Effects comparable to blood alcohol concentrations that are prohibited in Part 26 Impairs attention, communication skills, decision making, teamwork

7. 7 Fatigue Effects and Contributing Factors Conditions that contribute to fatigue are prevalent in the nuclear industry

8. What is the answer? Sleep The requirements accommodate napping.

9. Rule Provisions Major Rule Provisions: Work hour controls Periodic performance based assessments Training Self-declarations Waivers Behavioral observation Fatigue assessments Annual reporting Major Rule Provisions: Work hour controls Periodic performance based assessments Training Self-declarations Waivers Behavioral observation Fatigue assessments Annual reporting Addresses Contributors to Fatigue including: Tasks – work hour limits based on duties performed Rest – Requires days off and permits napping

10. Rule Provisions Objectives : Establishing clear and enforceable requirements for the management of worker fatigue to strengthen the effectiveness of FFD programs Strengthen the effectiveness of FFD programs at nuclear power plants Incorporate existing security work hours limits Provide the rights and responsibilities of licensees and workers

11. Rule Provisions Performance Based Licensees shall schedule the work hours of individuals who are subject to this section consistent with the objective of preventing impairment from fatigue due to the duration, frequency, or sequencing of successive shifts.

12. Applicability Rule Provisions Applicability Only to operating plants (not construction sites) Fatigue management program elements apply to anyone with unescorted access Work hour limits, MDO requirements and rest break requirements in §26.205 apply subset of individuals referred to as “covered workers”

13. Work Hour Controls Required for : Rule Provisions Work Hour Controls Required for : Maintenance (Risk-significant only) Operations (Risk-significant only) Chemistry (Emergency Response only) Health Physics (Emergency Response only) Fire Brigade (the individual responsible for knowing effects of fire and suppressants on safe shutdown capability) Security Force (armed) Individuals who direct risk significant maintenance or operations. Maintenance (Risk-significant only) Operations (Risk-significant only) Chemistry (Emergency Response only) Health Physics (Emergency Response only) Fire Brigade (the individual responsible for knowing effects of fire and suppressants on safe shutdown capability) Security Force (armed) Individuals who direct risk significant maintenance or operations.

14. Work Hour Controls Rule Provisions Work Hour Controls Retain maximum work hour limits of: 16 hours in any 24-hour period 72 hours in any 7-day period Increase maximum work hour limits from 24 to 26 hours in any 48-hour period Increase min. break period between work periods from 8 hours to 10 hours Limit waivers to conditions necessary to prevent or mitigate conditions adverse to safety or security Added Minimum Days Off (MDO) requirements

15. Minimum Day Off Requirements (MDOs) Rule Provisions Minimum Day Off Requirements (MDOs) Vary according to: Plant state (operating or outage) Shift duration (8, 10, or 12 hours) Job duties maintenance operations, health physics, chemistry, fire brigade security Vary according to: Plant state (operating or outage) Shift duration (8, 10, or 12 hours) Job duties maintenance operations, health physics, chemistry, fire brigade security

16. MDOs During Non-Outages Rule Provisions MDOs During Non-Outages In each shift cycle 26.205(d)(3) *Averaged over the shift cycle, from one to six weeks long. Days off must be distributed to provide at least 34 hours off in any 9-day period

17. MDOs During Outages Rule Provisions MDOs During Outages Periods are successive, not rolling Applies to every shift: 8, 10 or 12-hr Days off still must be distributed to provide at least 34 hours off in any 9-day period

18. MDO Outage Rule Provisions MDO Outage Individuals will be limited to 60 consecutive days of outage scheduling 7 day extensions will be allowed for each 7- day period during outage individual works not more than 48 hours Individuals are subject to outage controls, “while working on outage activities” Individuals will be limited to 60 consecutive days of outage scheduling 7 day extensions will be allowed for each 7- day period during outage individual works not more than 48 hours Individuals are subject to outage controls, “while working on outage activities”

19. Waivers Rule Provisions Waivers Waivers only allowed: To mitigate or prevent a condition adverse to safety To maintain the security of the facility Face-to-Face Fatigue assessment required to approve waiver Review of work hours + time of day work would be performed also considered in assessment Waivers only allowed: To mitigate or prevent a condition adverse to safety To maintain the security of the facility Face-to-Face Fatigue assessment required to approve waiver Review of work hours + time of day work would be performed also considered in assessment

20. Waivers Rule Provisions Waivers Who Determines? Waiver Needed to: Operations Shift Manager Mitigate or prevent a condition adverse to safety Security Shift ManagerMaintain site security Site Senior-level Manager with requisite authority Mitigate or prevent a condition adverse to safety and/or to maintain site security

21. For-cause Post-event Follow-up Self-declaration Applicable to all personnel subject to the fitness-for-duty program For-cause Post-event Follow-up Self-declaration Applicable to all personnel subject to the fitness-for-duty program Fatigue Assessments Rule Provisions Fatigue Assessments

22. A statement that you are not able to safely or competently perform your duties because of fatigue Self Declaration Rule Provisions Self Declaration

23. Requires that licensee procedures describe: Rights and responsibilities Controls and conditions for permitting or requiring individuals to perform work following a self-declaration Process to be followed if an individual disagrees with the results of a fatigue assessment Requires that licensee procedures describe: Rights and responsibilities Controls and conditions for permitting or requiring individuals to perform work following a self-declaration Process to be followed if an individual disagrees with the results of a fatigue assessment Self Declaration Rule Provisions Self Declaration

24. Implementation Full compliance required within 18 months of (March 31, 2008) rule publication date Training Completed Full compliance required within 18 months of (March 31, 2008) rule publication date Training Completed

25. 25 Implementation Guidance Reg. Guide 5.73, “Fatigue Management for Nuclear Power Plant Personnel” endorses: NEI 06-11, Rev 1 – “Managing Personnel Fatigue at Nuclear Power Reactor Sites” http://www.nrc.gov/reactors/operating/ops-experience/fitness-for-duty.html

26. http://www.nrc.gov/reactors/operating/ops-experience/fitness-for-duty-programs/contact-us.html FAQ Process http://www.nrc.gov/reactors/operating/ops-experience/fitness-for-duty-programs/contact-us.html E-mail is sent to FFD Working Group Consensus reached on issue ( not official regulatory position ) Respond via e-mail at earliest convenience E-mail is sent to FFD Working Group Consensus reached on issue ( not official regulatory position ) Respond via e-mail at earliest convenience

27. Thank You Questions ? Questions ?