Suspended Yankee worker fights disciplinary action
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By Susan Smallheer Herald Staff - Published: January 15, 2008
BRATTLEBORO — A control-room operator at the Vermont Yankee nuclear plant worked while under the influence of marijuana-laced brownies during the summer before a random drug test caught him, according to a report from the Nuclear Regulatory Commission.
Jonathan Picard was suspended and his access to the Vernon reactor restricted after the positive drug test. According to the NRC, Picard told regulators he tested positive in urine tests because he had inadvertently eaten two brownies at a Fourth of July party he found out later contained marijuana. He was tested on July 15, and suspended three days later when the results came in.
NRC spokesman Neil Sheehan said Picard is fighting the disciplinary action, but he is still working for Entergy Nuclear at its training facility in Brattleboro for nonlicensed operators, providing "specialized skills."
At the time of the July incident, Picard was one of three control-room operators on duty during his shift.
"As a result of information that your employer provided to the NRC subsequent to this confirmed positive test, it was determined that you had performed licensed duties, including being 'at the controls' while under the influence … during the period from July 4 through July 18, 2007," the NRC wrote to Picard.
According to federal regulators, he tested positive for marijuana 11 days after he allegedly ate the brownies.
"He admitted he ate the brownies and he's paid the price," Sheehan said, noting Picard knew he had eaten the marijuana brownies, but still reported for duty and didn't tell his supervisor about the problem.
Because he was a first-time offender, Picard was given the opportunity to go through Entergy's employee assistance program for treatment and counseling, Sheehan said.
Neither Sheehan nor Entergy Nuclear spokesman Robert Williams could say what level of the drug was in Picard's body.
"He maintained he did not know they contained marijuana," Sheehan said, until someone at the party told him they did.
Sheehan said there was no evidence Picard's behavior on the job raised any questions.
He said Entergy Nuclear personnel are training in behavior observance to detect possible drug or alcohol problems in fellow employees. Picard's fellow employees didn't detect any problems, Sheehan noted.
Sheehan said Picard is challenging his disciplinary action and has requested his file remain confidential. The NRC will make a ruling on that request in the near future, but for the time being Picard's response is confidential, Sheehan said.
Sheehan said Picard did not face criminal action for operating a nuclear reactor while under the influence.
Entergy Nuclear will not be disciplined for Picard's positive test, Sheehan said, noting Entergy handled the incident properly.
But he said the incident was serious, a "Level 3" violation.
The nuclear industry has regular fitness for duty tests, and Sheehan said in 2005, the most recent year for which he had statistics, 50,000 tests were administered that year to anyone who had access to nuclear reactors, whether regulators, employees or contractors.
He said of those 50,000 tests, administered to an unknown number of individuals at the 104 commercial nuclear reactors, 432 people tested positive for marijuana, 246 tested positive for cocaine, 196 for alcohol, 59 for amphetamines, 16 for opiates and two for PCP. He said all those tests came from the country's 104 commercial reactors.
Entergy Nuclear spokesman Robert Williams said the company took incidents such as Picard's violation very seriously, and all employees are bound by the federally mandated fitness for duty standards and testing. He said there had been other instances of employees testing positive for drugs.
Williams said he didn't know how long Picard had worked for Entergy, and he said he didn't know what Picard was currently doing. Sheehan provided the information about Picard's employment with Entergy.
Williams said the random test that caught Picard's drug use was proof the program worked. But he said he was not qualified to answer a question about why Entergy Nuclear staff didn't notice anything in Picard's behavior.
"I'm not qualified to answer that type of medical question," Williams said.
Employees may request testing for other employees "for cause," Williams said.
Contact Susan Smallheer at susan.smallheer@rutlandherald.com.
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