PSH-23-0118 - In the Matter of Personnel Security Hearing

On December 26, 2023, an Administrative Judge (AJ) determined that the Individual's access authorization should be restored under 10 C.F.R. Part 710. In January 2023, the Individual failed an employer mandated random breath alcohol test (BAT).  In May 2023, a DOE Psychologist evaluated the Individual and his Report stated the Individual's May 2023, PEth result was positive although he had reported his last alcohol use was approximately 30 days prior to his PEth test. The DOE Psychologist diagnosed the Individual with Alcohol Use Disorder, Mild, and recommended that he complete the Intensive Outpatient Program (IOP) that he was enrolled in at the time of the evaluation, and complete a year of abstinence, evidenced by negative PEth tests. He also recommended the Individual participate in aftercare twice weekly, attend individual counseling, attend Alcoholics Anonymous (AA) including obtaining a sponsor, and complete ongoing PEth tests and random testing. At the hearing, the Individual acknowledged his problematic alcohol consumption, and admitted he had violated his employer's policies that prohibited reporting to work under the influence of alcohol. He had completed his IOP and testified he attends individual counseling with his treating Licensed Professional Counselor (LPC) and attends aftercare twice weekly. He also testified that he attends AA twice weekly, testified to the 12-step work he is doing with his AA sponsor, and provided AA attendance sheets. He corroborated his claims of abstinence with six consecutive negative PEth tests and six random BAT tests. His witnesses, including his treating LPC and colleagues confirmed his testimony regarding his IOP, aftercare, and AA attendance, and testified as to his honesty, reliability, and trustworthiness. The DOE Psychologist opined that the Individual had shown sufficient evidence of rehabilitation and reformation and that his prognosis was good. He also testified that it was theoretically possible that the Individual's May 2023 PEth result might have been caused by residual alcohol use, as claimed by the Individual, and he opined that he gave great weight where an individual has evidence of several consecutive negative PEth tests.  The AJ found that the Individual had resolved the concerns raised by his alcohol use, and had mitigated the Guideline G concerns. As the Guideline E concerns were related to his alcohol use, the AJ found that the Individual mitigated the Guideline E concerns as the stressors or factors that caused his less than forthcoming behavior regarding alcohol have been alleviated through treatment, and the alleged behavior was unlikely to recur due the Individual's ongoing abstinence from alcohol. (OHA Case No. PSH-23-0118, Balzon)