Requests by Licensees that Women Inspectors Acknowledge Discriminatory Admi nistrative Dose Limits Imposed on Them
HPPOS-252 PDR-9208170137
Title: Requests by Licensees that Women Inspectors
Acknowledge Discriminatory Administrative Dose Limits
Imposed on Them
See the joint memorandum with enclosures issued by F. J.
Congel and R. E. Cunningham to W.F. Kane (and others) dated
June 28, 1992. The memorandum reiterates the position that
female NRC employees need not and should not sign
statements provided by licensees concerning their pregnancy
or their capability of becoming pregnant except for
voluntary declarations of pregnancy. HPPOS-055 and
HPPOS-249 contain related discussions.
NRC has learned that a female inspector was asked to sign a
statement acknowledging an administrative radiation dose
limit that was discriminatory before being granted site
access at a nuclear power plant. The statement appeared
near the bottom of the first page of a licensee document,
"Female Radiation Exposure Policy," which is included as
Enclosure 1 to the memorandum. Since then, the NRC has
been informed that other reactor and materials licensees
have similar policies.
The first paragraph of the licensee policy from Enclosure 1
reads as follows:
"This policy provides administrative controls on radiation
exposure to females with the objective limiting any
potential radiation exposure to an unborn fetus to less
than 0.5 rem during the entire nine month gestation period.
This objective is accomplished by ensuring fertile women
are given the opportunity to review the risks of fetal
radiation exposure as discussed in NRC Regulatory Guide
8.13 and the opportunity to declare an actual or potential
pregnancy before assignment to any task when more than 0.5
rem of radiation exposure may be received during a calendar
quarter. This policy is not intended to restrict any
access to work areas or limit any career opportunities for
females. Extensions of administrative limits may be
requested and granted any time to ensure females are
provided equal opportunity to gain experience and progress
in their careers in the same manner as males."
Notwithstanding the disclaimers in this paragraph, an
administrative radiation dose limit for "fertile females"
is discriminatory, inappropriate, and inconsistent with the
law. The second page of the enclosed policy contains
similar statements concerning pregnancy or the ability to
become pregnant. NRC employees should be aware that they
need not and should not sign agreements to, or
acknowledgements of, licensee administrative dose limits
for women not declared pregnant as defined in 10 CFR
20.1003 that are different from administrative limits for
men. In addition, female NRC employees need not and should
not sign statements provided by licensees concerning their
pregnancy, or capability of becoming pregnant, except as a
voluntary declaration of pregnancy. Licensee denial of
site access to NRC inspectors who refuse to sign statements
acknowledging or agreeing to a discriminatory dose limit or
who refuse to sign statements concerning pregnancy or the
capability of becoming pregnant is a violation of federal
regulations. The specific regulations involved include 10
CFR 50.70 for reactor licensees and 10 CFR 30.52 (a), 10
CFR 40.62, 10 CFR 70.55 (a), and 10 CFR 70.55 (c) (3) for
materials licensees. The NRC Office of the General Counsel
concurs with this memorandum.
Regulatory references: 10 CFR 20.1003, 10 CFR 30.52, 10
CFR 40.62, 10 CFR 50.70, 10 CFR 70.55
Subject codes: 8.11, 12.9, 12.18
Applicability: All