---
kind: "section"
citation: "10 C.F.R. § 26.606"
title: "10"
number: "26.606"
heading: "Written policy and procedures."
url: "https://uscodex.org/cfr/10/26.606"
---

# §26.606. Written policy and procedures.

- (a) Licensees and other entities that implement an FFD program under this subpart must ensure that—
  - (1) A written FFD policy statement is provided to each individual who is subject to the program before the individual is subject to drug and alcohol testing.
  - (2) The FFD policy statement describes the performance objectives in [§ 26.23](/cfr/10/26.23.md).
  - (3) The FFD policy statement describes the minimum days off requirements in [§ 26.205(d)(3)](/cfr/10/26.205.md?p=d-3) or maximum average work hours requirements in [§ 26.205(d)(7)](/cfr/10/26.205.md?p=d-7).
  - (4) The FFD policy statement must be written in sufficient detail to provide affected individuals with information on what is expected of them and what consequences may result from a lack of adherence to the policy, including those elements described in [paragraph (b)](#b) of this section, sanctions required under this part, and required medical/clinical treatment and follow-up testing for FFD policy violations.
  - (5) The FFD policy statement describes the individual's responsibilities to report for work in a physiological and psychological condition that enables the safe and competent performance of assigned duties and responsibilities and inform a licensee- or other entity-designated representative when the individual determines that this cannot be accomplished.
  - (6) The FFD policy statement must prohibit the consumption of alcohol, at a minimum, within an abstinence period of 5 hours preceding the individual's arrival at the licensee's or other entity's facility.
  - (7) The FFD policy statement must convey that abstinence from alcohol for the 5 hours preceding any scheduled tour of duty is considered to be a minimum that is necessary, but may not be sufficient, to ensure that the individual is fit for duty.
- (b) Licensees and other entities must establish, implement, and maintain written procedures that address the following topics:
  - (1) **For the drug and alcohol testing program under this subpart—**
    - (i) The methods and techniques to collect and test for drugs and alcohol and for the shipping and temporary storage of biological specimens used for drug testing at HHS-certified laboratories;
    - (ii) The urine specimen volumes, techniques for split specimen collections, and the acceptability of a urine specimen as described in [§ 26.111](/cfr/10/26.111.md) or as described in the HHS Guidelines;
    - (iii) Protecting the privacy of an individual who provides a specimen, protecting the integrity of the specimen, and ensuring that the test results are valid and attributable to the correct individual; and
    - (iv) If the licensee or other entity elects to use the HHS Guidelines, the name of the specific HHS Guideline and revision being implemented by the licensee or other entity and a description of the specific sections in the guideline that are being implemented in the procedure, including specimen collections, drug testing, and evaluation of test results.
  - (2) The immediate and follow-up actions that will be taken, and the procedures to be used, in those cases in which individuals who are subject to the FFD program:
    - (i) Have been involved in the use, sale, or possession of illegal substances, illegal drugs, or illicit substances;
    - (ii) Are impaired by any illegal substances, illegal drugs, or illicit substances or the consumption of alcohol as determined by behavioral observation or a test that measures blood alcohol concentration;
    - (iii) Attempted to subvert the testing process by adulterating or diluting specimens (in vivo or in vitro), substituting specimens, or by any other means;
    - (iv) Refused to provide a specimen for analysis or follow instructions provided by FFD program personnel;
    - (v) Had legal action taken relating to drug or alcohol use;
    - (vi) Demonstrated character or actions indicating that the individual cannot be trusted or relied upon to perform those duties and responsibilities or maintain access to NRC-licensed facilities, special nuclear material (SNM), or sensitive information; or
    - (vii) Have a condition or have taken actions that pose or have posed an immediate hazard to themselves or others, as notified by EAP personnel under [§ 26.35(c)(2)](/cfr/10/26.35.md?p=c-2).
  - (3) The process, including the duties and responsibilities of FFD program personnel, to be followed if an individual's behavior or condition raises a concern regarding the possible use, sale, or possession of illegal drugs on- or offsite; the possible use or possession of alcohol on the NRC-licensed facility; impairment from any cause that in any way could adversely affect the individual's ability to safely and competently perform the individual's duties; or the receipt of credible information indicating that the individual cannot be trusted or relied on to perform those duties and responsibilities making the individual subject to this part.
  - (4) **Operation and oversight of any onsite or offsite collection facility.**
  - (5) The fatigue management requirements in [§ 26.202(b)](/cfr/10/26.202.md?p=b) and either § [26.205(d)(3)](/cfr/10/26.205.md?p=d-3) or [(7)](/cfr/10/26.205.md?p=d-7).
  - (6) **Measures to prevent subversion of drug and alcohol tests conducted onsite and offsite.**

## Notes

### Source

Source: 91 FR 15779, Mar. 30, 2026, unless otherwise noted.

### Authority

Authority: Atomic Energy Act of 1954, secs. 53, 103, 104, 107, 161, 223, 234, 1701 (42 U.S.C. 2073, 2133, 2134, 2137, 2201, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.

### Source

Source: 73 FR 17176, Mar. 31, 2008, unless otherwise noted.