A. Background

On September 15, 1986, President Reagan signed Executive Order 12564, establishing the goal of a Drug-Free Federal Workplace.  The Order made it a condition of employment for all Federal employees to refrain from using illegal drugs on or off duty.  In a letter to all executive branch employees dated October 4, 1986, the President reiterated his goal of ensuring a safe and drug-free workplace for all Federal workers.

The Executive Order recognized that illegal drug use is seriously impairing a portion of the national work force, resulting in the loss of billions of dollars each year. As the largest employer in the Nation, the Federal Government has a compelling proprietary interest in establishing reasonable conditions of employment.  Prohibiting employee drug use is one such condition.  The [Agency] is concerned with the well-being of its employees, the successful accomplishment of agency missions, and the need to maintain employee productivity.  The intent of the policy is to offer a helping hand to those who need it, while sending a clear message that any illegal drug use is, quite simply, incompatible with Federal service.

On July 11, 1987, Congress passed legislation affecting implementation of the Executive Order under Section 503 of the Supplemental Appropriations Act of 1987, Pub. L. 100-71, 101 Stat. 391, 468-471, codified at 5 U.S.C. §7301 note (1987), (hereafter, the "Act"), in an attempt to establish uniformity among Federal agencies' drug testing plans, reliable and accurate drug testing, employee access to drug testing records, confidentiality of drug test results, and centralized oversight of the Federal Government's drug testing program.*

The purpose of the [Agency] Drug-Free Workplace Plan is to set forth objectives, policies, procedures, and implementation guidelines, to achieve a drug-free Federal workplace, consistent with the Executive Order and Section 503 of the Act.
 
 

*NOTE TO PRIVATE SECTOR USERS OF THIS MODEL PLAN:
Since section 503 of Pub. L. 100-71 places most attention on the drug testing component (the most sensitive aspect) of a comprehensive drug-free workplace program, compliance with its requirements stimulates in the Federal model plan an initial focus on the drug testing component of the Drug-Free Federal Workplace Program. Nevertheless, all Federal agencies' drug-free workplace plans implementing Executive Order 12564 are comprehensive and should be viewed as a whole; i.e., each agency has a written policy, provides for education of employees, training for supervisors, access to an employee assistance program, and for identification of illegal drug use.

The [Agency], as a result of its [describe type of] responsibilities, as well as the sensitive nature of its work, has a compelling obligation to eliminate illegal drug use from its workplace.

[Insert a one page summary that describes the two or three most significant aspects of your agency's mission.  The summary should convey to the uninitiated reader, why drug testing is necessary at your agency.  The purpose of the summary is to explicitly describe your agency's mission, and how illegal drug use would impact the accomplishment of that mission.  In preparing this summary, a review of the following documents from your agency may help in identifying examples of the adverse impact which illegal drug use has had or could have on your agency mission: (1) personnel records; (2) security clearance revocations; (3) EAP records; (4) Merit Systems Protection Board actions; and any other relevant agency records to glean effective examples regarding public health, safety or security risks which have occurred in the past.  Large numbers are neither necessary nor essential. The preamble focuses on the magnitude of risk of even one employee using illegal drugs.]

The mark of a successful drug-free workplace program also depends on how well the [Agency] can inform its employees of the hazards of drug use, and on how much assistance it can provide drug users.  Equally important is the assurance to employees that personal dignity and privacy will be respected in reaching the [Agency's] goal of a drug-free workplace. Therefore, this plan includes policies and procedures for: (1) employee assistance; (2) supervisory training; (3) employee education; and (4) identification of illegal drug use through drug testing on a carefully controlled and monitored basis.

C. Nature, Frequency, and Type of Drug Testing to be Instituted

Section 503 of the Act requires the [Agency] Plan to specify the nature, frequency, and type of drug testing to be instituted.  The [Agency] Plan includes the following types of drug testing: (1) Applicant testing; (2) Random testing of those employees in sensitive positions that have been designated as testing designated positions; (3) Reasonable suspicion testing; (4) Accident or unsafe practice testing; (5) Voluntary testing, and (6) Testing as part of or as a follow-up to counseling or rehabilitation.

The frequency of testing for random testing, voluntary testing, and follow-up testing is specified in Section XV, Section XII(B), and Section XII(C), respectively.  The [Agency Head] reserves the right to increase or decrease the frequency of testing based on the Agency's mission, need, availability of resources, and experience in the program, consistent with the duty to achieve a drug-free workplace under the Executive Order.
 

D. Drugs for Which Individuals Are Tested

Section 503 of the Act requires the [Agency] to specify the drugs for which individuals shall be tested. The [Agency] will test for the following drugs: Marijuana, Cocaine. [Agency may also add Amphetamines, Opiates, and Phencyclidine (PCP). If the Agency desires to test for any other drug, advance written approval from the Secretary, Department of Health and Human Services is required.]
 

E. Scope

Upon certification by the Department of Health and Human Services in accordance with Section 503 of the Act, this order shall be effective immediately for all [list divisions of the agency which will be affected by the order].
 

F. Union Cooperation

The active participation and support of labor organizations can contribute to the success of this program.  Management will seek ways in which recognized bargaining unit representatives might assist in program implementation, such as in acquainting employees with rehabilitation facilities and by enhancing employee confidence in the program.  Management will continue to observe agreements already reached, will include union representatives in general orientation programs, and will continue to meet its obligations under Title VII of the Civil Service Reform Act of 1978.
 

G. References

 1. Authorities

  a. Executive Order 12564;

  b. Executive Order 10450;

  c. Executive Order 12356;

  d. Section 503 of the Supplemental Appropriations Act of 1987, Pub. L.
     100-71, 101 Stat. 391, 468-471, codified at 5 U.S.C. §7301 note (1987);

  e. Mandatory Guidelines for Federal Workplace Drug Testing Programs, which includes Scientific and Technical Requirements and Certification of Laboratories Engaged in Urine Drug Testing, 53 FR 11970 (1988);

   f. Civil Service Reform Act of 1978, Pub. L. 95-454;

   g. Sections 523 and 527 of the Public Health Service Act and implementing regulations at 42 CFR Part 2, Confidentiality of Alcohol and Drug-Abuse Patient Treatment Records;

   h. The Privacy Act of 1974 (5 U.S.C. §552a), prescribing requirements governing the maintenance of records by agencies pertaining to individuals and access to these records by the individual(s) to whom they pertain;

   i. Regulations implementing the Privacy Act of 1974 for the [Agency];

   j. Federal Employees Substance Abuse Education and Treatment Act of 1986, Pub. L. 99-570;

   k. [Add any relevant Agency orders, including appropriate personnel orders.]

2. Guidance
 

a. Office of Personnel Management (OPM), Federal Personnel Manual (FPM) Letters 792-16 (November 28, 1986), and 792-17 (March 9, 1987), and any subsequent FPM letters setting forth guidelines for Federal civilian agencies in establishing a drug-free workplace pursuant to Executive Order 12564;

b. FPM Chapter 792, Federal Health and Counseling Programs, providing guidance to Federal agencies in establishing alcoholism and drug abuse programs (subchapter 5) and employee counseling services programs (subchapter 6) for Federal employees with alcohol or drug problems;

     c. FPM Supplement, Chapter 792-2, providing guidance for developing and maintaining appropriate prevention, treatment and rehabilitation programs and services for alcoholism and drug abuse among Federal employees;

     d. [Appropriate Agency personnel manual implementing FPM Chapter 792 and FPM Supplement, Chapter 792-2 within the Agency.]

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