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HPPOS-123 PDR-9111210285

Ellis Fischel State Cancer Hospital – Violation of 10 CFR 19.16 (c)

See the memorandum from D. Thompson to J. G. Keppler dated February 27, 1981. The authority of the Department of Labor (DOL) in employee protection does not abridge NRC authority to investigate alleged discrimination and take enforcement action. The preservation of the flow of safety information to NRC must entail enforcement actions of both DOL and NRC. Although 10 CFR 19.16 (c) is no longer in the regulations, the material is still applicable.

It is a matter of NRC policy that the authority of the DOL in employee protection matters does not in any way abridge the NRC’s preexisting authority under Section 161 of the Atomic Energy Act to investigate an alleged act of discrimination and to take appropriate enforcement action. The NRC’s goal in such matters is to protect the flow of health and safety information needed to further regulatory responsibilities. The actions of DOL focus primarily on the protection of the individual employee. It is the NRC belief that the preservation of this flow of safety information to the NRC must entail the enforcement actions of both DOL and NRC, the former to insulate employees from adverse actions resulting from their cooperation with the NRC, and the latter to communicate clearly to the industry that the NRC will not tolerate acts of discrimination against employees as a result of such cooperation.

Regulatory references: 10 CFR 19.16, Atomic Energy Act

Subject codes: 12.7, 12.13, 12.19

Applicability: All