10 C.F.R. § 712.13

Current through September 30, 2024
Section 712.13 - Supervisory review
(a) The supervisor must ensure that each HRP candidate and each individual occupying an HRP position but not yet HRP certified executes the appropriate HRP releases, acknowledgments, and waivers. If these documents are not executed:
(1) The request for HRP certification may not be further processed until these requirements are completed; and
(2) The individual is immediately removed from the position.
(b) Each supervisor of HRP-certified personnel must conduct an annual review of each HRP-certified individual during which the supervisor must evaluate information, based on his or her personal knowledge that is relevant to the individual's suitability to perform HRP tasks in a reliable and safe manner.
(c) The supervisor must report any concerns resulting from his or her review to the appropriate HRP management official. Types of behavior and conditions that would indicate a concern include, but are not limited to:
(1) Psychological or physical disorders that impair performance of assigned duties;
(2) Conduct that warrants referral for a criminal investigation or results in arrest or conviction;
(3) Indications of deceitful or delinquent behavior;
(4) Attempted or threatened destruction of property or life;
(5) Suicidal tendencies or attempted suicide;
(6) Use of illegal drugs or the abuse of legal drugs or other substances;
(7) Alcohol use disorders;
(8) Recurring financial irresponsibility;
(9) Irresponsibility in performing assigned duties;
(10) Inability to deal with stress, or the appearance of being under unusual stress;
(11) Failure to comply with work directives, hostility or aggression toward fellow workers or authority, uncontrolled anger, violation of safety or security procedures, or repeated absenteeism;
(12) Significant behavioral changes, moodiness, depression, or other evidence of loss of emotional control; and
(13) Any unusual conduct or being subject to any circumstances which tend to show that the individual is not reliable.
(d) A supervisor must immediately remove an individual from HRP duties:
(1) When the supervisor has a reasonable belief that the individual is not reliable, based on either a safety or security concern based on one or more of the types of behaviors and conditions identified in § 712.13(c) ;
(2) When the individual does not obtain HRP recertification; or
(3) When requested to do so by the HRP certifying official and/or HRP management official.
(e) The supervisor must contact the appropriate personnel office for guidance as to any actions that should occur as a result of the immediate removal.
(f) Immediate removal: If the supervisor immediately removes an HRP-certified individual for any reason specified in this part, he or she must, at a minimum:
(1) Require the individual to stop performing HRP duties;
(2) Take action to ensure the individual is denied both escorted and unescorted access to the material access areas; and
(3) Notify, within 24 hours, the HRP management official of the immediate removal. The HRP management official shall take actions consistent with § 712.19 .

10 C.F.R. §712.13

83 FR 18200, 7/25/2018