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Model Plan for a Comprehensive Drug-Free Workplace Program

II.    Definitions

A. Applicant means any individual tentatively selected--

1. For employment with the [Agency]; or
2. For a Testing Designated Position, and who has not, immediately prior to the selection, been subject to random testing.
B. Employee Assistance Program (EAP) means the [Agency]-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of drug, alcohol, and mental health problems, and monitors the progress of employees while in treatment.

C. Employee Assistance Program Administrator means the individual responsible for ensuring the development, implementation and review of the agency EAP.

D. Employee Assistance Program Coordinator means the individual designated by the EAP Administrator to be responsible for implementing and operating the EAP within the [Agency] component assigned to the coordinator, by providing counseling, treatment, and education services to employees and supervisors regarding the [component] EAP.

E. Medical Review Officer means the individual responsible for receiving laboratory results generated from the [Agency] Drug-Free Workplace Program who is a licensed physician with knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluate all positive test results together with an individual's medical history and any other relevant biomedical information.

F. Illegal Drugs means a controlled substance included in Schedule I or II, as defined by section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under chapter 13 of that Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.

G. Random Testing means a system of drug testing imposed without individualized suspicion that a particular individual is using illegal drugs, and may either be:

1. Uniform--unannounced testing of testing designated employees occupying a specified area, element or position; or
2. A statistically random sampling of such employees based on a neutral criterion, such as social security numbers.
H. Employees in Sensitive Positions means:
 1. Employees in positions designated by the [Agency head] as Special Sensitive, Critical Sensitive, or Noncritical-Sensitive under Chapter 731 of the Federal Personnel Manual, or employees in positions designated by the [Agency head] as sensitive in accordance with Executive Order No. 10450, as amended;

 2. Employees granted access to classified information or who may be granted access to classified information pursuant to a determination of trustworthiness by the [Agency head] under Section 4 of Executive Order No. 12356;

 3. Individuals serving under Presidential appointments;

 4. Law enforcement officers as defined in 5 U.S.C. §8331(20) and 8401(17); or

 5. Other positions that the [Agency head] determines involve law enforcement, national security, the protection of life and property, public health or safety, or other functions requiring a high degree of trust and confidence.

 I. Supervisor means an employee having authority to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove other employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature, but requires the consistent exercise of independent judgement. 5 U.S.C. §7103 (a)(l0).

 J. Testing Designated Positions (TDPs) means employment positions within the [Agency] which have been designated for random testing under Section IX(B) of this plan.

 K. Verified Positive Test Result means a test result that was positive on an initial FDA-approved immunoassay test, confirmed by a Gas Chromatography/Mass Spectrometry assay, (or other confirmatory tests approved by the Department of Health and Human Services), and reviewed and verified by the Medical Review Officer in accordance with this plan and the Mandatory Guidelines for Federal Workplace Drug Testing Programs.
 

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