Requests by Reactor Licensees That Women Inspectors Sign Statements That They are not Pregnant

HPPOS-249 PDR-9206260114

See the memoranda from F. J. Congel to M. R. Knapp (and others) dated March 4, 1992, and from R. E. Cunningham to M. R. Knapp (and others) dated April 1, 1992.

It is OGC opinion that a licensee request for a female inspector to sign a statement that she is not pregnant is not appropriate and is inconsistent with the law. A licensee denial of site access to a female inspector because she refuses to sign such a statement is a clear violation of federal regulations.

Licensee denial of site access to a female inspector who refuses to sign a statement that she is not pregnant is a violation of 10 CFR 30.52 (a), 40.62 (a), or 70.55 (a).

These regulations require each licensee to "... afford to the Commission at all reasonable times, opportunity to inspect..." byproduct, source, or special nuclear material and the premises and facilities where such material is used, produced or stored.

At Part 70 licensee facilities, licensee denial of site access to an inspector who refuses to sign such statements would be a violation of 10 CFR 70.55 (c) (3). This regulation requires the licensee to provide immediate unfettered access to the inspector following proper identification and compliance with applicable access control measures for security, radiological protection, and personal safety.

Regulatory references: 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