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NAECP Newsletter Fall 2016
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Promoting Strong Safety Conscious Work Environments
NAECPNewsletter

December 2, 2016

Fall Issue 2016

In This Issue

1. President's Blog
2. Regulatory News
3. ECP Tips Tools




 

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In the Next Issue
• NAECP Initiatives
• MAC Update
• Training Development

• Legal Update

President’s Blog

Why Am I Involved in the NAECP?

Recently, I have been evaluating where I spend my time; both through a professional and personal lens. Part of this self-reflection exercise is being driven by age and the desire to spend more time on the things that are important to me. At a personal level, it is about family and friends. At a professional level, it is about making the last few years of my career impactful and focused. I am within a decade of retirement and I really want to make a true difference.

When I evaluated my involvement in the NAECP, I realized I am part of this organization for three main reasons: 1) the opportunity to learn and grow, 2) my professional credibility, and 3) all the people along the way. NAECP clearly serves a purpose in my professional life and it has helped me define my path to self-actualization.


Regulatory / Legal Bulletin

Should ECP Investigations Reach Legal Conclusions? 
Daryl M. Shapiro, Partner, Pillsbury Winthrop Shaw Pittman, LLP
Timothy J. V. Walsh, Special Counsel, Pillsbury Winthrop Shaw Pittman, LLP

 

 Should Employee Concerns Program (ECP) investigations reach legal conclusions when the allegation(s) investigated includes potential statutory or regulatory violations? This question was debated during our most recent conference in Annapolis, Maryland. We heard that some ECP Investigators do reach legal conclusions in their investigation reports, while others avoid making them. Based on the high level of interest in this topic, it seems worthy of expanded discussion. This article will discuss why ECP Investigators may want to reach legal conclusions, what types of factual conclusions should be included in an investigation report, reasons why legal conclusions are often avoided in investigation reports, and how ECP and Legal should partner in ECP investigations so that they are aligned in their conclusions, thus avoiding situations where ECP is directed to change a conclusion. 

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New Opportunities Available

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ECP Tips , Tools and Advice

Contemplations on "Chilling Effect"

Written By: Paul Zaffuts, Zaffuts Group

A safety conscious work environment (SCWE) is an environment in which “employees feel free to raise safety concerns, both to their management and to the Nuclear Regulatory Commission (NRC), without fear of retaliation.” “Freedom of Employees in the Nuclear Industry to Raise Safety Concerns Without Fear of Retaliation,” 61 Fed. Reg 24336. Conversely, an environment in which employees are hesitant to raise safety concerns is frequently referred to as “chilled.” Even if localized to a single work group, a chilled work environment is a serious matter and must be attended to because safety issues that are not raised in a timely manner have the potential to become more consequential over time. As Employee Concerns Professionals, we have a particular interest in understanding the nuances associated with work environments. In addition, we are frequently asked by management and staff alike about “chilling effect” and “chilled work environments.” With that in mind, I thought it would be helpful to put together in one place a number of questions I have been asked over the years on this topic, as well as some information.

Continue Reading - Click Here


                                                 


The MAC is working on two initiatives for the Board. The first is a survey of NAECP members who did not attend the recent conference in Annapolis. The intent is to discover the reasons why members chose not to attend. Some of the interviews are complete and so far, the primary reasons for non-attendance seem to be evenly divided between cost constraints and conflicting schedule priorities. September is a month when some utilities are undergoing refuel outages and ECP is usually heavily engaged during that time.

The second project concerns the development of recommendations for the advancement of an NAECP-issued certificate of professional competence. The MAC initially proposed the concept to the Board based on membership feedback, seeking approval to pursue the concept. The Board approved the request and the MAC is gathering input from various certifying organizations (SHRM, Ethics & Compliance) and getting guidance from INPO and NEI, among others. Once the fact-finding is complete (estimated completion by year’s end), the information will be delivered to the Membership and Training Committee for development of criteria and an implementation plan.

Learn More About MAC - Click Here

 


 

Mike Birk
Chair of the NAECP Membership Advisory Committee (MAC)

Each newsletter we will feature one of our members – so be ready to smile big!

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