employee concerns - discrimination guidance

8/12/2019 Employee Concerns - Discrimination Guidance

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Employee Concerns in the Nuclear

Workplace

General Guidelines

Rob De La Espriella


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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


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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


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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 toViolate NRC Regulations


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What is Discrimination?

Any action affecting terms and

conditions of employment taken in

response to an employees raising a

safety concern


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Discharge

Disciplinary action

Refusal to promote

Refusal to hire

Denial of training opportunities Negative performance evaluations

Assignment of undesirable tasks on a consistent

basis


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A hostile work environment that

discourages employees from raising safetyconcerns as opposed to specific acts of

discrimination



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What is Protected Activity?

Raising a safety concern to:

Employer

NRC

Media


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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


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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


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Cases

Northeast Utilities

Severity Level II violation and a $88,000 civil penalty fordiscrimination against two contractor engineers

NRC enforcement action taken despite self identification

and reporting

NRC issued an order requiring NU to retain anindependent firm to handle employee concerns because

of a hostile work environment

One of key issues contributing to shutdown of Millstone

units


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Cases

TVA

NRC issued an order against VP-Nuclear for

intentional discrimination against a manager

Order barred former VP from industry for 5

years


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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 aSeverity Level III violation

Utility: Severity Level III violation and

$100,000 civil penalty


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Recurring Issues in the Nuclear

Workplace

An employee has the same legal protection

whether a concern is raised internally ordirectly 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)


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Recurring Issues in the Nuclear

Workplace

An employee cannot be forced to work in

an area that he reasonably believes to beunsafe

An employee should not be disciplined for

refusing to reveal a safety concern FPL is responsible for discriminatory

actions taken by its contractors


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Suggestions in Dealing with Employee

Concerns Get help from:

-Supervisors

-HR

-Speakout

-Managers

-QA -Safety

Handle safety issues first and performance

issues/discipline later


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Concerns

Fitness for duty issues must be handled

through FFD Program

Document:

resolution of concerns

performance problems

disciplinary actions


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Concerns

Provide feedback to employees

Use FPLs Speakout Program for difficult

concerns


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Conclusion

Handling employee concerns is of

significant importance to FPL and NRC andcrucial in the success of FPLs nuclear

program

employee concerns - discrimination guidance

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