Personnel 370 DM Addition to FPM
Chapter 792 Drug Testing Procedures 370 DM 792,10.10E
E. Personnel Officials. Upon notification that an individual has been tentatively selected for employment in a testing designated position with the Department, the servicing personnel officer shall assure, after consultation with the DPC, that a drug test has been conducted on that individual and indicate whether the test result is a verified positive result.
F. Consequences. The Department will decline to extend a final offer of employment to any applicant with a verified positive test result and such applicant may not reapply to the Department for a period of six months. The Personnel Officer working on the applicant's certificate shall object to the applicant on the basis of failure to pass the physical, a lack of personal characteristics necessary to relate to public employment, or failure to support the goals of the Department. The servicing personnel officer shall inform the applicant that a confirmed presence of an illegal drug in the applicant's urine precludes the Department from hiring the applicant.
10.11 Other Types of Testing.
A. Accident or Unsafe Practice Testing. The Department of the Interior is committed to providing a safe and secure working environment. It also has a legitimate interest in determining the cause of serious accidents so that it can undertake appropriate corrective measures. Post-accident drug testing can provide invaluable information in furtherance of that interest. Accordingly, employees may be subject to testing when, based upon the circumstances of the accident, their actions are reasonably suspected of having caused or contributed to an accident that meets either of the following criteria:
(1) The accident results in a death or personal injury requiring immediate hospitalization; or
(2) The accident results in damage to government or private property estimated to be in excess of $10,000.
If an employee is suspected of having caused or contributed to an accident meeting either of the criteria stated above, the appropriate supervisor will present the facts and circumstances leading to and supporting this suspicion to the appropriate bureau personnel officer, who will confer with the bureau head or designee to approve the test. Once approval has been obtained and arrangements made with the bureau Drug Program Coordinator and Drug Program Manager for testing, the supervisor will prepare a written report detailing the facts and circumstances that warranted the test.
B. Voluntary Testing. In order to demonstrate their commitment to the Department's goal of a drug-free workplace and to set an example for other Federal employees, employees not in testing designated positions may volunteer for unannounced random testing by notifying the bureau DPC and their servicing personnel office. These employees will then be included in the pool of testing designated positions subject to random testing, and be subject to the same conditions, procedures and consequences for a finding of illegal drug use.
Volunteers shall remain in the TDP pool for the duration of the position which the employee holds, or until the employee withdraws from participation by notifying the DPC of such intent at least 48 hours prior to a scheduled test.
C. Follow-up Testing. All employees referred through administrative channels who undergo a counseling or rehabilitation program for illegal drug use through the EAP, will be subject to unannounced testing following completion of such a program for a period of one year. Such employees shall be tested at a frequency stipulated in an abeyance contract with a minimum frequency of once per quarter year. Such testing is distinct from testing which may be imposed as a component of the EAP.
10.12 Finding of Drug Use and Consequences.
A. Determination. An employee may be found to use illegal drugs on the basis of any appropriate evidence including, but not limited to:
(1) Direct observation;
(2) Evidence obtained from an arrest or criminal conviction;
(3) A verified positive test result; or
(4) An employee's voluntary admission.
B. Mandatory Administrative Actions. The Department shall refer any employee found to be using illegal drugs to an Employee Assistance Program for assessment, counseling, and referral for treatment or rehabilitation as appropriate. The Department shall not allow any employee to remain on duty in a sensitive position who is found to use illegal drugs, until the employee successfully completes rehabilitation through an Employee Assistance Program. However, as part of a rehabilitation or counseling program, the bureau head may, in his/her discretion, after consultation with the Medical Review Official, allow an employee to return to duty in a sensitive position if it is determined that this action would not pose a danger to public health or safety or the national security. Access to national security data will not be considered until rehabilitation is completed and a favorable background investigation has been completed and approved by the Department Security Officer.
C. Range of Consequences. The severity of the disciplinary action taken against an employee found to use illegal drugs will depend on the circumstances of each case, and will be consistent with the Executive Order, and will include the full range of disciplinary actions, including removal. The Department shall initiate disciplinary action against any employee found to use illegal drugs, provided that such action is not required for an employee who voluntarily admits to illegal drug use, and obtains counseling or rehabilitation and thereafter refrains from using illegal drugs.
Such disciplinary action shall be taken consistent with the procedures of the Civil Service Reform Act and other statutes, 370 DM 752, and OPM regulations, and may include any of the following measures: written reprimand, suspension, demotion, or removal. Advice of the Solicitor's Office on discipline shall be obtained prior to initiating action.
D. Initiation of Mandatory Removal From Service. The bureau shall initiate action to remove an employee for:
(1) Refusing to obtain counseling or rehabilitation through an Employee Assistance Program, as required by the Executive Order after having been found to use illegal drugs; or
(2) Having been found not to have refrained from illegal drug use after a first finding of illegal drug use.
All notices to propose and decide on a disciplinary action should only be issued after ample review and consultation with the servicing personnel office pursuant to delegated authorities.
E. Refusal to Take Drug Test When Required.
(1) An employee who refuses to be tested when so required will be subject to the full range of disciplinary action including removal.
(2) No applicant who refuses to be tested shall be extended an offer of employment.
(3) Attempts to alter or substitute the specimen provided will be deemed a refusal to take the drug test when required.
F. Voluntary Referral. Under Executive Order 12564, the Department is required to initiate action to discipline any employee found to use illegal drugs in every circumstance except: if an employee (1) voluntarily admits his/her drug use prior to notification of selection for random testing; (2) completes counseling or in an EAP; and (3) thereafter refrains from drug use; such discipline is not required.
(1) The decision whether to discipline a voluntary referral will be made by the bureau head or his/her designee on a case by case basis depending upon the facts and circumstances. Although an absolute bar to discipline cannot be provided for certain positions because of their extreme sensitivity, the Department in determining whether to discipline, shall consider that the employee has come forward voluntarily.
(2) The self-referral option allows any employee to step forward and identify him/herself as an illegal drug user for the purpose of entering a drug treatment program under the EAP. In stepping forward, an employee may volunteer for a drug test as a means of identification. Although this self-identification test may yield a verified positive test result, such result shall merely constitute an identification for purposes of this section.
(3) The key to the provision's rehabilitative effectiveness is an employee's willingness to admit his/her problem. This provision will not be available to an employee who is asked to provide a urine sample when required or who is found to have used illegal drugs pursuant to 370 DM 792, 10.12A(1) or 10.12A(2), and who thereafter requests protection under this provision.
10.13 Records.
A. Confidentiality of Test Results. The laboratory may disclose confirmed laboratory test results only to the MRO. Any positive result which the MRO justifies by licit and appropriate medical or scientific documentation to account for the result as other than the intentional ingestion of an illegal drug, will be treated as a negative test result and may not be released for purposes of identifying illegal drug use. Test results will be protected under the provisions of the Privacy Act, 5 U.S.C. 522a, and Section 503(e) of the Act, and may not be released in violation of either Act. The MRO or his/her designee, may maintain only those records necessary for compliance with this order. Any records of the MRO, including drug test results, may be released to any management official for purposes of auditing the activities of the MRO, except that the disclosure of the results of any audit may not include personal identifying information on any employee.
To comply with Section 503(e) of the Act, the results of a drug test of an employee may not be disclosed without prior written consent of such employee, unless the disclosure would be:
(1) To the MRO;
(2) To the EAP Administrator where the employee is receiving counseling or treatment or is otherwise participating;
(3) To the DPM or any supervisory or management official within the Department having authority to initiate or decide a proposed adverse personnel action against such employee; or
(4) Pursuant to the order of a court of competent jurisdiction or where required by the United States Government to defend against any challenge to any adverse personnel action.
For purposes of this Section, "management official" also includes any staff official whose duties necessitate review of the test results in order to process a disciplinary action against the employee.
In addition, test results with all identifying information removed shall also be made available to Department officials, including the DPC, for data collection and other necessary activities to comply with Section 503(f) of the Act.
B. Employee Access to Records. Any employee who is the subject of a drug test shall, upon written request, have access to any records relating to:
(1) Such employee's drug test; and
(2) The results of any relevant certification, review, or revocation proceedings.
C. Confidentiality of Records in General. All drug testing information specifically relating to individuals is confidential and should be treated as such by anyone authorized to review or compile program records. In order to efficiently implement this program and to make information readily retrievable, the DPC shall maintain all records relating to reasonable suspicion testing, suspicion of tampering evidence, and any other authorized documentation necessary to implement this program.
All records and information of the personnel actions taken on employees with verified positive test results should be forwarded to the servicing personnel office. Such records and information shall remain confidential, locked in a safe, with only authorized individuals who have a "need-to-know" having access to them.
D. Employee Assistance Program Records. The EAP Administrator shall maintain only those records necessary to comply with this order. After an employee is referred to an EAP, the EAP will maintain all records necessary to carry out its duties.
All medical and or rehabilitation records concerning the employee's drug abuse, including EAP records of the identity, diagnosis, prognosis, or treatment are confidential and may be disclosed only as authorized by 42 CFR Part 2, including the provision of written consent by the employee. With written consent, the patient may authorize the disclosure of those records to the patient's employer for verification of treatment or for a general evaluation of treatment progress.
E. Maintenance of Records. The Department shall maintain records of the Drug-Free Workplace Program consistent with OPM's Privacy Act System of Records and with all applicable Federal laws, rules and regulations regarding confidentiality of records including the Privacy Act 5 U.S.C. 552a. If necessary, records may be maintained as required by subsequent administrative or judicial proceedings, or at the discretion of the bureau head. The record keeping system should capture sufficient documents to meet the operational and statistical needs of this issuance, and include:
(1) Notices of verified positive test results referred by the MRO;
(2) Written materials justifying reasonable suspicion testing or evidence that an individual may have altered or tampered with a specimen;
(3) Anonymous statistical reports; and
(4) Other documents the DPM, DPC, MRO, or EAP Administrator deems necessary for efficient compliance with this order.
F. Records Maintained by Government Contractors. Any contractor hired to satisfy any part of this issuance shall comply with the confidentiality requirements of this subchapter, and all applicable Federal laws, rules, regulations and guidelines including the Privacy Act of 1974.
G. Statistical Information. The DPC shall collect and compile anonymous statistical data for reporting the number of:
(1) Random tests, reasonable suspicion tests, accident or unsafe practice tests, follow-up tests, or applicant tests administered;
(2) Verified positive test results;
(3) Voluntary drug counseling referrals;
(4) Involuntary drug counseling referrals;
(5) Terminations or denial of employment offers resulting from refusal to submit to testing;
(6) Terminations or denial of employment offers resulting from alteration of specimens;
(7) Terminations or denial of employment offers resulting from failure to complete a drug abuse counseling program; and
(8) Employees who successfully complete the Employee Assistance Program.
This data along with other pertinent information, shall be compiled for inclusion in the Department's annual report to Congress pursuant to Section 503(f) of P. L. 100-71. This data shall also be provided to HHS on a semiannual basis to assist overall program evaluation and to determine whether changes to the HHS Guidelines may be required.
H. Records Retention Schedule. Disposition instructions for program records will comply with requirements established by the National Archives and Records Administration.
Organization Part 112 Policy, Management and Budget
Chapter 21 Drug Program Coordination Staff 112 DM 21.1
21.1 The Drug Program Coordination Staff has primary responsibility for the development, implementation, and administration of the Departmentwide Drug-Free Workplace program which is designed to detect and prevent drug abuse by DOI employees. The staff is headed by the Drug Program Manager who reports to the Director of Program Services. The functions of the Staff are as follows:
A. Responsible for all functions related to drug demand reduction activities other than medical review and the employee assistance program. This includes responsibility for the coordination of testing implementation, systems development and support program evaluation, related rehabilitation program activity, and training and awareness of all DOI employees.
B. Develops policies and procedures including plan revisions and updated position impact statements, DOI directives, standard operating procedures and information to the public.
C. Represents the Department with other Federal agencies, private industry, professional associations, and academic institutions regarding the Department's Drug-Free Workplace Program.