Department of the Navy

Drug Free Workplace Program Handbook

Department of the Navy Drug Free Workplace Handbook

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 TABLE OF CONTENTS

Section Page

1. Purpose 4
2. Definitions 4
3. Training and Education 4
a. Supervisory Training 4
b. Employee Education 4
c. Drug Program Coordinator (DPC) 5
d. Collection Personnel 5
e. Civilian Employee Assistance Program Personnel 6
4. General Program Provisions 6
a. Announcement/Notice 6
b. Voluntary Self-Referral for Safe Harbor 6
c. Collection of Urine Specimens 8
d. Department of the Navy Test Designated Positions 8
e. Drug Testing 8
f. Types of Testing 9
5. Random Testing 9
a. Activity/Command Test Designated Positions 9
b. Test Designated Positions Database 10
c. Security Office Notification 10
d. Review of Test Designated Position Designation 11
e. Temporary Position Changes 11
6. Random Testing Procedures 11
a. Frequency 11
b. Testing Ratio 11
c. Procedures Prior to Collection 12
d. Deferral of Testing 13
e. Exemption During Treatment and Rehabilitation 14
f. Standard Collection Procedures 14
7. Voluntary Testing 14
8. Reasonable Suspicion Testing
a. Determination of Reasonable Suspicion 15
b. Authorization 16
c. Types of Drugs 16
d. Documentation 16
e. Scheduling 16
f. Notification 16
g. Collection Procedures 17
9. Accident or Unsafe Practice Testing 17
a. Determination 17
b. Authorization 18
c. Types of Drugs 18
d. Documentation 18

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 e. Scheduling 18
f. Notification 18
g. Standard Collection Procedures 19
10. Follow-Up Testing 19
a. Description 19
b. Documentation 19
c. Notification 20
d. Frequency 20
e. Deferral of Testing 20
f. Collection Procedures 20
11. Pre-Employment Testing 20
a. Coverage 20
b. Vacancy Announcements 21
c. Notification 21
d. Opportunity to Justify a Positive Test Result 22
e. Standard Collection Procedures 22
f. Test Results 22
12. Review of Drug Test Results 24
a. Receipt of Results 24
b. Procedures 24
c. Notification 25
d. Positive Specimen Retest 26
13. Release of Drug Test Results 26
14. Consequences of Action in the DFWP 27
a. Mandatory Administrative Actions 27
b. Disciplinary/Adverse Action 27
c. Consequences for other than Illegal Drug Use 27
d. Disciplinary Action 28
e. Advice and Guidance 28
15. Reasonable Accommodation Requirements 28
16. Records and Reports 29
a. Records 29
b. Maintenance of Records 30
c. Employee Access to Records 30
d. Statistical Report 30
17. Commencement of DFWP 31

APPENDICES

A. Definitions
B. Urine Collection Guide
C. Notices, Specimen Letters, Forms, Agreements, Checklists
D. Test Designated Position Handbook

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1. Purpose. Subchapter 792.3 of the Department of the Navy
(DON) Civilian Human Resources Manual (CHRM) sets forth DON
policies, procedures, applicability and responsibilities
relative to the Drug Free Workplace Program (DFWP). This
handbook establishes requirements and procedures for
implementing and administering the DON DFWP.

2. Definitions. Definitions are provided in Appendix A.

3. Training and Education

a. Supervisory Training. Activities/commands will provide

training to assist supervisors and managers in recognizing and
addressing the illegal use of drugs by agency employees. This
training is required for all supervisors and managers by E.O.
12564. This training may be incorporated into the ongoing
supervisory training program required of individuals within the
first 6 months of assuming supervisory duties. After initial
DFWP training supervisors will participate in DFWP training
every three years. Such training should include information on:

(1) Department of the Navy policy on the illegal use of

drugs.

(2) The supervisor’s role in the DFWP.

(3) How to recognize, document, and deal with employee

performance and conduct problems due to the illegal use of
drugs.

(4) The role of the Drug Program Coordinator (DPC),

Civilian Employee Assistance Program (CEAP) Administrator, and
Medical Review Officer, drug testing laboratory and personnel
staffs.

(5) The supervisor’s responsibilities to offer CEAP

services and take required administrative and disciplinary
actions.

b. Employee Education. The activity/command will offer

drug education to all personnel. This should include
information on types and effects of drugs, symptoms of drug use
and the effects of drug use on performance/conduct. Employees
should be made aware of the opportunity to justify a positive or
non-negative drug test with the Medical Review Officer (MRO) and
be given information regarding the appropriate use of

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prescriptions. Training must explain the relationship between
the drug testing program and CEAP as well as relevant provisions
of the DFWP such as treatment, rehabilitation, confidentiality,
and "safe harbor." Particularly salient issues such as the
range of disciplinary actions that can be taken for verified
positive or non-negative test results, consequences of refusal
to provide a specimen, failure to appear for testing or specimen
adulteration/ substitution should also be covered.

(1) The drug education process may be accomplished through

formal classroom sessions, distribution of written materials,
employee forums, web based or video CD/DVD Interactive training,
employee drug awareness days or other means deemed appropriate.

(2) The activity/command will provide employees traveling

to or stationed in a foreign country with information on the use
of over-the-counter medications that may produce positive drug
test results. Employees should be cautioned however that the
list might not be all-inclusive. These employees should be
advised to refrain from using locally available medications
unless they are certain that the medications will not produce a
positive drug test result or they have a bona-fide prescription
from a medical doctor.

(3) Employees should be advised that ingestion of hemp

products will not be accepted as justification for positive
marijuana test results.

(4) Under the Controlled Substances Act, a Schedule I drug

is one that has no currently accepted medical use in treatment
in the United States. A drug, which, as a matter of Federal
Law, has no currently accepted medical use in treatment cannot
form the basis of a legitimate medical explanation in a
federally-mandated drug testing program.

c. Drug Program Coordinator (DPC). The DPC and the

Alternate DPC must attend the OCHR sponsored DPC certification
course.

d. Collection Personnel. Collection Personnel\Collection

Site Coordinators (CSCs) must be trained in:

(1) Department of Health and Human Services (DHHS)

Collection procedures and responsibilities.

(2) Confidentiality and Privacy Act requirements.

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 (3) DON policy and procedures for DFWP.

(4) Collectors must be retrained within 2 weeks of a

laboratory specimen rejection for a fatal flaw.

e. CEAP personnel must be trained on CEAP requirements

regarding the DFWP. (CHRM Subchapter 792.1)

4. General Program Provisions

a. Announcement/Notice

(1) DFWP Announcement. A copy of the General Notice of

Drug Testing under the DON Drug-Free Workplace Program is
included in CHRM 792.3, Appendix B, and must be issued to all
new hires during the employee’s orientation process.

(2) Individual Notice.

(a) Each employee in a Testing Designated Position (TDP)

must be issued an individual notice 30 days before that employee
is subject to unannounced random testing. Upon entering a TDP
each employee shall receive an individual notice unless they
occupied a TDP immediately prior to entering the new position.
For employees not occupying a TDP immediately prior to entering
the new position, the activity/command will not subject the
employee to random testing for at least 30 days following
issuance of the notice. The individual notice in Appendix C has
been reviewed for legal sufficiency by the Department of Justice
and any changes must be approved by the DON Drug Program Manager
(DPM).

(b) Employees should sign and acknowledgment that they

have received an Individual Notice of testing. If the employee
refuses to sign the acknowledgment the employee’s supervisor
will note on the acknowledgment form that the employee received
the notice and forward the form to the activity/command DPC. An
employee’s failure to sign the notice will not preclude testing
of the employee.

(c) A signed acknowledgment or supervisor’s note on the

form must be retained by the activity/command DPC.

b. Voluntary Self-Referral for Safe Harbor

(1) E.O. 12564 requires agencies to provide an opportunity

for assistance to those employees who voluntarily seek treatment

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for drug use. This opportunity, termed “Safe Harbor” insulates
the employee from discipline for admitted acts of using illegal
drugs when the agency is unaware of such use. A sample Safe
Harbor application is included in Appendix C. The Department of
the Navy will offer Safe Harbor for any employee who meets all
of the following conditions:

(a) Voluntarily identifies himself or herself as a user

of illegal drugs to a supervisor or other higher level
management official prior to being identified through other
means and/or before being officially informed of an impending
drug test.

(b) Obtains counseling and rehabilitation through the

CEAP.

(c) Consents, in writing, to the release to appropriate

management and CEAP officials of all counseling and
rehabilitation records related to the illegal use of drugs.

(d) Agrees to follow-up testing by the activity/command

as part of or as post treatment of counseling or rehabilitation.

(e) Subsequently refrains from illegal use of drugs.

All of these conditions must be documented in the agreement

between the employee and the activity/command. Activities will
provide a copy of this agreement to the activity DPC.

(2) An employee who admits to drug use after being notified

that he or she is scheduled for a drug test or just after a
specimen is collected, or who is found to use drugs on the basis
of other appropriate evidence (e.g., direct observation or
evidence obtained from an arrest or criminal conviction) is not
eligible for Safe Harbor. Safe Harbor is for illegal users of
drugs, not drug dealers or those involved in other drug-related
misconduct.

(3) An employee who meets Safe Harbor conditions will not

be subject to discipline for the admitted acts of illegal use of
drugs, including possession, for personal use. However, if the
employee occupies a TDP subject to random testing, he or she
must immediately be removed from the TDP. (See paragraph
14(a)(2)).

(4) A supervisor will propose removal action against an

employee who invokes Safe Harbor and subsequently tests positive

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for illegal drugs. The subsequent positive drug test is deemed
a second finding of illegal drug use.

(5) Safe Harbor does not protect the employee from actions
taken resulting from a loss of security clearance.

c. Collection of Urine Specimens. Every civilian

collection must be conducted following the instructions and
guidance in CHRM Subchapter 792.3, and this Handbook. CHRM
Subchapter 792.3 and this Handbook are to be used in conjunction
with the DHHS Mandatory Guidelines for Federal Workplace Drug
Testing Program and Urine Specimen Collection Handbook for the
New Federal Drug Testing Custody and Control Form (OMB Number
0930-0158). Further guidance is provided in Appendix B of this
Handbook.

d. Department of the Navy Test Designated Positions (TDPs)

(1) The list of Department of the Navy TDPs is provided at

Appendix D along with the descriptions and justifications for
including the positions on the list. DPCs can obtain a list of
employees in TDPs for their activity/command through DCPDS.
Contact your HRO or HRSC to request this information.

(2) Only positions identified as TDPs on the Department of

the Navy TDP list will be included in the random drug testing
program. See Appendix D for a full explanation.

(3) Additions to and deletions from the Department of the

Navy TDP list. Requests for additions to and deletions from the
TDP list will be processed following the procedures in
Appendix D.

e. Drug testing

(1) Types of Drugs. In accordance with Federal

regulations, the Department of the Navy tests employees and
applicants for cocaine, marijuana, amphetamines, opiates, and
phencyclidine (PCP). The Department of the Navy will also test
for any other drug(s) or classes of drugs subsequently approved
by DHHS for testing on an agency-wide basis. Per DHHS
Guidelines, the Department of the Navy is also authorized to
test for any drug on Schedules I or II of the Controlled
Substances Act (CSA) in cases of reasonable suspicion and after
an accident or unsafe practice (21 U.S.C. 812 as updated and
republished under the provisions of that Act in 21 USC as
implemented by 21 CFR 1308).

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 (2) Technical Guidelines for Drug Testing. E.O. 12564
granted DHHS the authority to issue mandatory scientific and
technical guidelines for Federal civilian employee drug testing
programs. DHHS certified laboratories will test all civilian
specimens following the provisions of the DHHS Mandatory
Guidelines for Federal Workplace Drug Testing Programs
(hereafter referred to as ‘Guidelines’). All Medical Review
Officers (MRO) will follow DHHS Guidelines and the Medical
Review Officer Manual. Collectors\CSCs will follow DHHS
Guidelines and DHHS, Substance Abuse and Mental Health Services
Administration (SAMHSA) regulations for Federal Workplace Drug
Testing Programs and use the Federal Drug Testing Custody and
Control Form.

f. Types of Testing. The Department of the Navy program

includes the following types of drug testing: (1) random testing
of employees in TDPs; (2) reasonable suspicion testing; (3)
accident or unsafe practice testing; (4) voluntary testing;
(5) follow-up testing subsequent to counseling or
rehabilitation; and (6) applicant testing.

5. Random Testing. Random testing is for those employees in

TDPs.

a. Activity/Command Test Designated Positions

(1) Activities/commands will review individual positions to

determine whether the series and basic titles match the series
and titles set forth in Appendix D. Positions matching the
basic titles and meeting the conditions of coverage regardless
of parenthetical titles are TDPs. Some series are annotated
with an asterisk "*" and a statement which describes the
limitations of coverage. If the position in question performs
the duties as annotated, then that position is a TDP (see
Appendix D).

(2) The DPC will compile the activity/command TDP list of

positions. This forms the activity/command TDP pool for random
testing. The list will contain at a minimum:

(a) The incumbent’s name, and social security number.

(b) The position title, pay plan, and series.
(c) Organizational code, and other organizational
information, such as General Services
Administration duty location.
(d) Issue date of the 30-day notice letter.

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 (e) Unit Identifier Code (UIC) and major claimant
code.
(f) TDP status.
(g) Position sensitivity.

b. Test Designated Positions Database. The list of

positions and incumbents must be maintained to ensure that it is
current and accurate at all times. This information will be
maintained in the DFWP computer system. The DPC should be
advised by the Human Resources Office of any position where;

(1) TDP positions are established or abolished.

(2) Significant changes are made to the duties of any TDP

position.

(3) A personnel action results in a change of the incumbent

of a TDP.

(4) The organizational location of any TDP is changed.

c. Security Office Notification. The security office will

notify the HRO when an employee is granted a Top Secret
clearance, a Secret clearance with access to a Special Access
Program, or when there is a change in the status of an incumbent
previously possessing either. As appropriate, the HRO will
request that a change be made in DCPDS and notify the DPC.

d. Review of Test Designated Position Designation

(1) Non-bargaining Unit Employee. An employee who believes

his or her position has been wrongly designated as a position in
the activity/command TDP pool may grieve this determination to
the activity head/commander following grievance procedures in
SECNAVINST 12771.1.

(2) Bargaining Unit Employee. A bargaining unit employee

covered by a collective bargaining agreement who seeks review of
the designation of his or her position as a TDP must grieve the
designation under the negotiated grievance procedure, provided
the agreement does not exclude these decisions from that
procedure.

(3) Seeking review of the TDP determination, whether or not

the employee is covered by a bargaining unit, will not exempt
the employee from random testing during the review process or
negotiated grievance procedure.

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 e. Temporary Position Changes

(1) An employee who is detailed, temporarily promoted or

reassigned to a TDP through a personnel action documented by an
SF-50 or SF-52 will be subject to random drug testing during
that period, provided that the assignment is expected to exceed
30 days.

(2) Testing of an employee prior to temporary placement is

not required. The employee will be issued an individual 30-day
notice contained in Appendix C when he or she enters the
position and be subject to unannounced random testing 30 days
after receiving that notice. A new notice is not required if
the employee is moving between TDPs.

(3) If an employee is temporarily promoted or reassigned

out of a TDP for over 30 days, the employee should be issued
another individual notice upon return to the position. However,
if the employee is only detailed out of his or her permanent
TDP, no notice is required since the employee remains in his or
her permanent position.

6. Random Testing Procedures

a. Frequency. The frequency of testing will be determined

by the Chief of Naval Operations (CNO), the Commandant of the
Marine Corps (CMC), and the Assistant for Administration, Under
Secretary of the Navy (AA/USN) and may be delegated to
subordinate activities and commands. The optimum plan provides
for varied testing days, times and dates. Testing once a year
is not a deterrent. The Secretary of the Navy reserves the
right to increase the frequency of testing based on Department
of the Navy's mission needs and availability of resources.

b. Testing Ratio. The ratio of testing percentage of

random tests is determined by the Department of Defense to
optimize overall deterrence. The statistical sampling method to
be used in random testing of TDPs is simple random sampling
(SRS). Use of SRS ensures that all employees are equally likely
to be selected each time a random selection is done. It is not
appropriate to ensure each employee in a TDP is tested every
year or to limit any employee to a specific number of tests.
However, senior DON members, i.e., Executive level and Senior
Executive Service civilians holding test designated positions
who have not been randomly selected will be scheduled for at
least one drug test during the year.

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 c. Procedures Prior to Collection

(1) Authorization. The activity head or commander will

authorize the DPC to conduct random tests.

(2) Selection.

(a) The DON DFWP computer program will perform random

selections of positions designated as TDPs. Not having this
system operational will not preclude activities\commands from
random testing.

(b) All pools should number more than one donor. All
information will be strictly guarded to ensure that employees do
not know in advance that random testing will be conducted. The
identities of individuals selected will remain confidential.

(c) The DPC or alternate DPC will generate a list

identifying employees selected for random testing from the
activity/command TDP pool.

(3) Scheduling. The DPC will schedule the selectees for

testing, preferably in the first half of the shift, at a rate
that the collection team can process efficiently and
effectively. DPCs may schedule testing at any time (i.e., 24
hour, 7 days a week).

(4) Notification

(a) Supervisor. The DPC will notify the selected

employee's first-level supervisor prior to the actual time of
collection. If the first level supervisor is unavailable, the
next higher level of supervision will be contacted.

(b) DPC. The DPC should annotate the testing event

record with the date and time the supervisor was contacted.

(c) The authority to direct an employee to drug testing

or defer a drug test may be delegated in writing to the DPC.
The DPC will annotate the list with date and time the supervisor
was contacted. If the DPC was delegated to notify the employee
to report for testing the following procedures will be used:

(1) The DPC will notify the selected employee.

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 (2) The checklist provided at Appendix C should be
used.

(3) Annotate the checklist with the date and time

the employee was notified to report for testing.

(4) If the employee is not available for testing and

a deferral must be obtained, the DPC must contact the immediate
supervisor or a supervisor within the employee's chain of
command. If the DPC has been delegated the authority to defer,
the DPC must document the deferral.

(d) Employee Notification

(1) Notification time to the employee should be

sufficient to allow the employee to arrive at the collection
site on time, in general, approximately 15 to 30 minutes prior
to the scheduled collection. The supervisor or DPC will
privately inform the employee of the time and location of the
test. Appropriate adjustments should be made to notification
time when the collection site is remote from the work site.
Advance notice should be as brief as possible.

(2) The supervisor will explain to the employee that

he or she is under no suspicion of using illegal drugs and that
the employee's name was randomly selected. The supervisor
should attempt to respond to any employee questions to avoid
misunderstanding. Activities and commands should consider
providing the employee with a checklist similar to the sample
provided in Appendix C.

(3) The employee will be instructed to take

appropriate photo identification to the test site. If the
employee does not bring the required identification, the
supervisor or DPC may identify the donor for the collector.

(4) The supervisor will discuss with a higher-level

supervisor any problems that arise with regard to the employee
reporting for the test as scheduled. If a deferral, as
described immediately below, is necessary, the DPC will be
notified as soon as possible.

d. Deferral of Testing

(1) An employee selected for random drug testing may be

given a deferral from testing if the employee's first-line or
higher-level supervisor concur that a compelling need exists.

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That deferral must be noted. Grounds for deferral are that the
employee is:

(a) In a non-duty status such as annual leave, sick

leave, suspension, absent without leave, continuation of pay,
end of the work day, etc. Any leave requests submitted after
notice should be carefully scrutinized and documentation
requested.

(b) In an official travel status away from the test

site or is about to embark on official travel scheduled prior to
testing notification.

(c) Working a different shift.

(d) Performing a task or project that requires the

employee's presence at the work site during the scheduled test
time. The supervisor will inform the DPC of the deferral.

(2) If a deferral is authorized and the test is not

administered that day, the supervisor will inform the employee
that he or she may be tested within 60 days from the date of the
deferral or the employee returns to duty or the work site.

e. Exemption during Treatment and Rehabilitation. While

undergoing initial treatment or rehabilitation through the CEAP,
and at the request of the CEAP Administrator, the employee may
be exempted from random testing for a period not to exceed 60
days or as specified in an abeyance\last chance agreement or
rehabilitation plan. Upon completion of the stipulated
exemption, the employee will be included in a separate testing
pool at the activity/command as follow-up to counseling or
rehabilitation for illegal drug use for a period of at least 1
year, in addition to remaining in the regular random testing
pool if occupying a TDP. See paragraph 13.

f. Standard Collection Procedures. These procedures must

be followed to ensure strict chain of custody and specimen
control. Specific procedures are provided in Appendix B.

7. Voluntary Testing

a. To demonstrate a commitment to the DON’s goal of a

drug-free workplace and to set an example for others, an
employee not in a TDP may volunteer to be included in the random
testing program. This employee will then be included in the

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pool of TDPs and will be subject to the conditions and
procedures of random testing.

b. Each activity/command will establish a procedure for

employees to volunteer for the random testing program. This
procedure must inform the employee that he or she may withdraw
from the random program at any time, even after being notified
of an impending random drug test.

c. Appendix C provides a sample form for requesting

voluntary drug testing and command acknowledgement.

8. Reasonable Suspicion Testing

a. Determination of Reasonable Suspicion

(1) Employees in TDPs

(a) A test may be authorized when management has a

reasonable suspicion that any employee in a TDP is using illegal
drugs. This belief must be based on specific objective facts
and reasonable inferences drawn from those facts.

(b) Reasonable suspicion testing of employees in TDPs

may be based upon, but is not limited to, the following factors:

(1) Observable phenomena such as direct observation

of drug use or possession and/or the physical symptoms of being
under the influence of a drug.

(2) Arrest or conviction for an on or off-duty

drug-related offense or the identification of an employee as the
focus of a criminal investigation into illegal drug possession,
use or trafficking.

(3) Information provided either by reliable and

credible sources or independently corroborated.

(4) Newly discovered evidence that the employee has

tampered with a previous drug test.

(5) The temperature or color of the urine specimen or

other evidence that indicates probable adulteration, tampering,
or substitution.

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 (c) Although reasonable suspicion testing does not
require certainty, mere "hunches" or "rumors" are not sufficient
to meet this standard.

(2) Employees in non-TDPs. A test may only be authorized

for an employee in a non-TDP when management has a reasonable
suspicion that the employee is using drugs illegally on-duty or
performing work while drug-impaired.

b. Authorization. If an employee is suspected of illegal

use of drugs, the appropriate supervisor or management official
will gather all information, facts, and circumstances leading to
and supporting this suspicion. Approval for testing must be
received from at least one level above the supervisor or manager
requesting the test. Local instructions should provide specific
procedures. If practicable, the decision to conduct a test will
be made the same day the event or behavior occurred or as soon
as management becomes aware of the event or behavior. The DPC
will then be notified of the requirement to arrange for a test.

c. Types of Drugs. In addition to testing for cocaine,

marijuana, amphetamines, opiates, and PCP, activities and
commands performing a reasonable suspicion test are authorized
to include any drug on Schedules I and II of the CSA. The
activity/command must specify the drug or drugs for which they
request the employee be tested on the Federal Custody and
Control Document.

d. Documentation. The appropriate supervisor or manager

will detail, in writing, the circumstances which warranted the
test. At a minimum, the report will include the appropriate
dates and times of reported drug-related incidents, reliable
and/or credible sources of information, reasons leading to the
test, and second-level supervisory concurrence. If the
collection is being performed under direct observation the
reason for this method of collection must also be documented.
The DPC will retain a copy of this documentation. See Appendix
C for a sample of a documentation report and notice letter.

e. Scheduling. When possible, the DPC will arrange for the

collection to be conducted the same day as the test is approved
by management. The test may be conducted without regard to the
employee's regular work shift, etc., and overtime pay or
compensatory time will be provided as needed in accordance with
paragraph 9c(3).

f. Notification

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 (1) Supervisor

(a) The supervisor, if not directly involved in the

reasonable suspicion determination, will be notified by the DPC
that an emergency collection procedure has been initiated. If
the immediate supervisor is not available, the next higher level
of supervision will be contacted.

(b) The DPC will provide the supervisor with the time
and location of the collection and any necessary information to
be conveyed to the employee.

(2) Employee

(a) After the DPC confirms the time and location, the
supervisor or management official will notify the employee of
the test and issue the specific written notice that he or she is
being tested for reasonable suspicion. A sample of that notice
is included in Appendix C.

(b) The employee will be informed of the exact time and

location of the test and directed to take appropriate photo
identification to the test site. The supervisor or other
management official will escort the employee to the site.

g. Collection Procedures

(1) The employee will provide a urine specimen under direct

observation if there is specific reason to believe that the
employee may alter or substitute the specimen.

(2) If there is no specific reason to believe that an

employee may alter or substitute the specimen, standard
unobserved collection procedures should be followed. Strict
chain of custody and specimen control procedures should be
followed as provided in Appendix B.

9. Accident or Unsafe Practice Testing

a. Determination. The Department of the Navy is committed

to providing a safe and secure work environment. It also has a
legitimate interest in determining the cause of serious
on-the-job accidents or unsafe, on-duty, job-related activity so
that it can undertake appropriate corrective measures. Drug
testing after an accident or unsafe practice can provide
invaluable information in furtherance of that interest.

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Accordingly, employees may be subject to testing when, based on
the circumstances of an on-the-job accident or unsafe, on-duty,
job-related activity, their actions are reasonably suspected of
having caused or contributed to an accident or unsafe practice
that meets either of the following criteria:

(1) The accident or unsafe practice results in a death, or

personal injury requiring hospitalization.

(2) The accident or unsafe practice results in damage to

government or private property estimated to be in excess of
$10,000.

b. Authorization. If a supervisor or manager suspects that

an employee has caused or contributed to an on-the-job accident
or unsafe, on-duty, job-related activity that meets either of
the criteria stated in paragraph 12a, he or she will gather all
information, facts, and circumstances leading to the accident or
unsafe practice. Approval for testing must be received from at
least one level above the supervisor or manager requesting the
test. If practicable, the decision to conduct a test will be
made the same day the event or behavior occurs, or as soon as
management becomes aware of the event or behavior. The DPC will
then be notified of the requirement to schedule a test.

c. Types of Drugs. In addition to testing for cocaine,

marijuana, amphetamines, opiates, and PCP, activities and
commands performing post accident or unsafe practices testing
are authorized to include any drug on Schedules I and II of the
CSA. The activity/command must specify the drug or drugs for
which the employee is being tested on the Federal Custody and
Control Form.

d. Documentation. Once approval has been obtained for

testing, the supervisor will prepare written documentation
which, at a minimum, will include the date, time and
circumstances surrounding the incident, the reasons leading to
the test, second-level supervisory concurrence, findings of the
test, and any action taken. Appendix C contains a sample
incident report.

e. Scheduling. When possible the DPC will arrange for the

collection on the same day as the incident giving rise to the
test. The test may be conducted without regard to the
employee's regular work shift, etc., and overtime pay or
compensatory time will be provided as needed.

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 f. Notification

(1) Supervisor

(a) The supervisor, if unaware of the incident, will be

notified by the DPC that an emergency collection procedure has
been initiated. If the immediate supervisor is not available,
the next higher level of supervision will be contacted.

(b) The DPC will provide the supervisor with the time
and location of the collection and any necessary information to
be conveyed to the employee.

(2) Employee

(a) After the DPC confirms the time and location, the
supervisor or management official will notify the employee of
the test and issue the specific written notice that the employee
is being tested because of the accident or unsafe practice. A
sample of that notice is included in Appendix C.

(b) The employee will be informed of the time and

location of the test, directed to take appropriate photo
identification, and escorted to the test site by the supervisor
or other management official.

g. Standard Collection Procedures. These procedures must

be followed to ensure strict chain of custody and specimen
control. The specific procedures to be followed are provided in
Appendix B.

10. Follow-up Testing

a. Description. All Department of the Navy employees

referred through administrative action to counseling or
rehabilitation through CEAP for illegal drug use will be subject
to unannounced drug testing as a follow-up to his or her
program. The employee will be tested for a period of at least 1
year or for such time as specified in an abeyance agreement,
rehabilitation plan, or other form of written agreement. For
employee in TDPs this testing is separate from the regular
random testing conducted by the activity/command.

b. Documentation. The abeyance/last chance agreement,

rehabilitation plan, or other form of written agreement will be
retained and serve as evidence that the employee was aware of

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the requirement for follow-up testing. A copy of any agreement
must be furnished to the DPC.

c. Notification. The CEAP Administrator or Counselor will

notify the supervisor or manager and the DPC in writing upon an
employee's failure to complete the initial or in-patient
counseling or rehabilitation, or completion of initial or
in-patient counseling or rehabilitation for illegal drug use or
as part of the rehabilitation process in order for follow-up
testing to be initiated.

d. Frequency. Employees subject to follow-up testing will

be tested at a frequency determined by the local activity/
command. The rate should not be specified in the agreement or
rehabilitation plan, nor should the employee be given an
additional notification time period other than what is needed
for the employee to report to the testing site.

e. Deferral of Testing. The conditions of granting a

deferral of follow-up testing are the same as those of random
testing. See paragraph 6(d).

f. Collection Procedures. To ensure strict chain of

custody and specimen control as provided in Appendix B, follow-
up testing will be conducted under direct observation.

11. Pre-employment Testing

a. Coverage

(1) Pre-employment drug testing will be required of all

individuals tentatively selected for a TDP.

(2) Selections may include those made under merit promotion

procedures or any other personnel action resulting in the
placement of an individual in a TDP (e.g., reassignment,
promotion, and change to lower grade actions). Referrals from
the Priority Placement Program (PPP) to a TDP are not excepted
from pre-employment testing.

(3) Pre-employment testing is not required under the

following conditions:

(a) The individual currently occupies a TDP within the

Department of Defense.

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 (b) When an active duty military member is selected who
will have a break in service from military to civilian duty that
is three days or less.

(c) Reservist military personnel in a drilling status.

(d) The selection involves only a temporary position

change of 30 days or less.

(4) Any exception to pre-employment testing must be

documented and retained by the DPC.

(5) Pre-employment testing is not applicable to management

directed actions including:

(a) Placement made under reduction-in-force (RIF)

procedures.

(b) Management decisions to reassign, detail, demote, or

upgrade security clearance.

(6) Activities and commands are not authorized to test

applicants for non- TDP positions.

b. Vacancy Announcements

(1) Vacancy announcements for TDPs will contain the

following statement:

"Successful completion of a pre-employment drug test is

required. A tentative offer of employment will be rescinded if
the applicant fails to report to the scheduled drug test
appointment. Incumbents of drug testing designated positions
will be subject to random testing. Drug test results will be
provided to the employing activity/command."

(2) Failure of the vacancy announcement to contain such

notice will not preclude testing if advance notice is provided
to the applicant in some other manner, except orally. Other
forms of notice are proper if a vacancy announcement is not
used.

c. Notification

(1) The HRSC will notify the DPC that a drug test needs to
be scheduled for a tentative selectee. The DPC will schedule a
test and notify the HRSC of test, time, date and location of

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scheduled test. Applicant notification may be delegated to the
DPC if mutually agreed upon by DPC and HRSC. The HRSC will
verify with the DPC that the selectee has not had a verified
positive or non-negative drug test result within the last 6
months. If the selectee has not had a positive or non-negative
drug test result within the last 6 months, the HRSC will inform
the applicant of the date, time and location of the test, to
bring appropriate photo identification and to be prepared to
provide a drug test specimen. The selectee should also be
informed that only the DPC can change the date or time of the
test. The HRSC or DPC should document this notification.

(2) Failure to be at the test site at the designated time

and date will result in a withdrawal of the tentative job offer.
The drug test must be undertaken as soon after notification of
the applicant as possible and no later than 48 hours. Where
appropriate, applicants may be reimbursed for reasonable travel
expenses by the employing activity/command (see Joint Travel
Regulations for specific information).

(3) A written deferral for a drug test may be given to an

applicant by the DPC if the applicant can provide suitable
documentation for failure to report to the testing site in a
timely manner.

d. Opportunity to Justify a Positive or Non-negative Test

Result. Applicants will have an opportunity to justify a
positive or non-negative test result to the MRO.

e. Standard Collection Procedures. These procedures must

be followed to ensure strict chain-of-custody and specimen
control. Specific procedures to be followed are provided in
Appendix B.

f. Test Results. The MRO will notify the DPC of the test
results and the DPC will inform the HRSC if the selectee is
eligible for hire. The HRSC will document the eligibility in
the selection package so that the process can continue. If an
applicant has a verified positive or non-negative test result,
the following procedures apply:

(1) Department of the Navy Employee Applicant:

(a) The DPC will notify the HRSC who will inform the
selecting official so that another tentative selection can be
made.

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 (b) The DPC will notify the applicant that a verified
positive or non-negative drug test result precludes the
activity/command from hiring or placing the applicant in the
position. Also, the DPC will advise the applicant that he or
she will not be considered for any other vacancies (including
non-TDPs) at the activity/command or any other activity/command
within the Department of the Navy for a period of 6 months from
the date the positive or non-negative test was verified by the
MRO.

(c) The DPC will notify the applicant's supervisor if the

vacancy was at the employee's own activity/command.

(d) If the applicant is an employee from another

Department of the Navy activity/command, the DPC will notify the
activity head or commander who will notify the head of the
employee's activity or command.

(e) If the applicant was tentatively selected from an OPM

certificate, the following requirements apply:

1. Nonpreference Eligibles. Appointing Officers of

local activities/commands are authorized to medically
disqualify a nonpreference eligible for employment based on
a verified positive or non-negative drug test. A
nonpreference eligible disqualified by an appointing
officer has a right, upon request, to request a review of
that disqualification by the head of the local
activity/command. The applicant must be given written
notice of the specific reasons for his or her medical
disqualification for the position and of the right to
review by the activity/command head. (See CHRM Subchapter
339)

2. Preference Eligibles. Objections to preference

eligibles, which are based on the results of a verified
positive or non-negative pre-employment drug screen, are to
be considered as medical disqualifications or passovers and
referred to OPM for adjudication. Situations in which
applicants refuse or ignore the requirement to take a
preemployment drug test are to be handled as declinations.
(See FPM Letter 339-18 of 1 December 1992.)

(2) Other Applicants

(a) The DPC will notify the HRSC of a verified positive or

non-negative pre-employment drug screen. The HRSC will inform

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the selecting official so that another tentative selection can
be made.

(b) The DPC will then notify the applicant that the
verified positive or non-negative drug test precludes the
activity/command from hiring the applicant. Also, the DPC will
advise the applicant that he or she will not be considered for
any vacancies (including non-TDPs) within the Department of the
Navy for a period of 6 months from the date the non-negative
test was verified by the MRO.

(c) If the applicant was tentatively selected from an OPM

certificate, see 14f.

(3) Under 42 U.S.C. 290ee-l(b)(1), "[n]o person may be

denied or deprived of Federal civilian employment or a Federal
professional or other license or right solely on the ground of
prior substance abuse." The Department of the Navy has
determined that drug use within the past 6 months is deemed
current use. Therefore, "prior substance abuse" excludes any
individual who has obtained a verified positive or non-negative
drug test result within any preceding 6-month period.

(4) Pre-employment drug test results can be used for hiring

purposes for 6 months from the date of the verified result from
the MRO. After that time a new pre-employment drug test must be
done.

12. Review of Drug Test Results

a. Receipt of Results. The drug testing laboratory will

report all drug test results, positive, negative, and non-
negative to the MRO.

b. Procedures

(1) Negative Drug Test Results. The MRO will immediately

forward all negative drug test results to the DPC with a copy to
the DPM.

(2) Positive, or Non-negative Drug Test Results. The

medical review of positive or non-negative test results by the
MRO will be initiated and completed within the timeframe agreed
upon by the DPM.

(a) The MRO will evaluate alternative medical

explanations of a non-negative test result. This may include

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conducting a medical interview with the individual, review of
the individual's medical history, or consideration of other
relevant biomedical factors.

(b) Any requests for medical information will be made by

the MRO directly to the individual to ensure maximum
confidentiality. If the information on the CCF is not
sufficient to contact the individual the MRO will obtain the
information necessary by contacting the DPM/DPC. The MRO will
review all medical records, including valid prescriptions, made
available by the tested individual when a non-negative test
could have resulted from legally prescribed medications. The
individual will have an opportunity to discuss the test results
with the MRO, although a face-to-face interview is not required.
Individuals are not entitled to present evidence to the MRO in a
hearing or other similar administrative proceeding, however, the
MRO has the discretion to accept evidence in any manner deemed
efficient or necessary.

(c) Only the MRO is authorized to order a reanalysis of

the original specimen should questions arise as to the accuracy
or validity of a positive or non-negative test result. The
request for reanalysis must be in writing. Since some drug
levels may deteriorate or be lost during freezing and/or
storage, a retest must only show that a drug or its metabolite
is present to reconfirm its presence during retesting.

(d) Detailed scientific guidance is contained in the

"Medical Review Officer Guide" prepared by DHHS and provided to
each MRO.

c. Notification

(1) Negative Drug Test Results. The MRO will forward all
negative drug test results to the DPC. DPCs may inform
employees of their results. See paragraph 14.f. for information
on applicant test results. Appendix C provides a sample
notification letter.

(2) Verified Positive or Non-Negative Drug Test Results.

If the MRO determines there is no medical justification for the
positive, adulterated, or substituted test result, such result
will be considered a verified positive, adulterated, substituted
or invalid test result. The MRO will forward the report of the
verified test result to the DPC and DPM. The DPC will notify
the CEAP Administrator and the supervisor or management official
having authority to take a personnel action against the

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employee. The activity/command must receive the MRO letter and
CCFs verifying the positive or non-negative test result before
any personnel action can take place. See paragraph 11(f) for
information on notification procedures regarding applicant test
results.

d. Positive Specimen Retest. Donors may request the

laboratory retest a positive specimen. The reanalysis by gas
chromatography/mass spectrometry is not subject to a specific
cut-off requirement but must provide data sufficient to confirm
the presence of the drug or metabolite. The donor must request
the retest in writing to the DPC and include the reasons for the
retest. The DPC will request in writing that the MRO authorize
a retest of the specimen.

13. Release of Test Results

a. The laboratory will disclose test results only to the

MRO. Any non-negative result which the MRO determines to be
justified by legitimate medical use will be treated as a
negative test result and may not be released for purposes of
identifying illegal drug use. Test results are governed by the
provisions of the Privacy Act, 5 U.S.C. 552a, et seq., as any
record in a system of records and additionally restricted by
Section 503 of P.L. 100-71. An employee’s test results, retest
results or a full documentation\litigation package may not be
disclosed without prior written consent of the employee, unless
the disclosure would be:

(1) To the MRO.

(2) After MRO review, to the DPM and activity and command
DPCs.

(3) After MRO review, to the CEAP Administrator for

purposes of counseling and rehabilitation.

(4) After MRO review, to any supervisor or management

official within Department of the Navy having the authority to
recommend, decide, or process an adverse personnel action
against the employee or to an administrative tribunal in a
review of an adverse personnel action.

(5) Under an order of a court of competent jurisdiction or

required by the United States Government to defend against a
challenge against an adverse personnel action.

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 b. 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, for data collection or other
purposes consistent with requirements to comply with 42 U.S.C.
503(2)(1) or Department of the Navy requirements. This form of
disclosure may not include personal identifying information on
any employee.

14. Consequences of Actions in the DFWP

a. Mandatory Administrative Actions with a finding of

Illegal Drug Use.

(1) CEAP Referral. An employee found to use illegal drugs

must be referred to the CEAP.

(2) Position Actions

(a) If the employee occupies a TDP, as defined in

Appendix A, the employee must immediately be removed from the
position through appropriate personnel action. The employee may
be assigned to a non-TDP, if available.

(b) The activity head/commander may return the employee

to duty in a TDP as part of a rehabilitation and counseling
program if it would not endanger public safety or national
security. This determination should be made after taking into
consideration advice provided by the HRO, the activity/command
DPC, MRO, CEAP personnel and the employee's supervisors.

b. Disciplinary/Adverse Action with a Finding of Illegal

Drug Use. Activities/commands will initiate disciplinary action
against an employee for the first instance of illegal drug use
in accordance with CHRM Subchapter 752, except under
circumstances set forth in paragraph 4(b) of this Handbook
(Voluntary Referral for Safe Harbor). The activity/command will
initiate disciplinary action up to and including removal for an
employee who refuses mandatory CEAP counseling and/or
rehabilitation as required by E.O. 12564 after having been found
to use illegal drugs. The activity/command will propose removal
for a second finding of illegal drug use.

c. Consequences for Other than Illegal Drug Use.

(1) Failure to Report to the Designated Collection Site.

An employee who fails to appear for testing will be subject to

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the same range of discipline as a verified positive drug test
result.

(2) Refusal to be tested when required. An employee who

refuses testing will be subject to the same range of discipline
as a verified positive drug test result.

d. Disciplinary Action. Any disciplinary action taken must

be consistent with the provisions of CHRM Subchapter 752 and the
requirements of any applicable collective bargaining agreement.

e. Advice and Guidance. Advice and guidance on

disciplinary or adverse actions will be provided by the HRO as
necessary.

15. Reasonable Accommodation Requirements. Guidance on

providing reasonable accommodation is provided by the Equal
Employment Opportunity Commission in Notice 915.002,
"Enforcement Guidance: on Reasonable Accommodation and Undue
Hardship Under the Americans with Disabilities Act."

a. Under the Rehabilitation Act Amendments of 1992, the

standards applied under Title I of the Americans with
Disabilities Act (ADA) are applicable to Federal employees. ADA
permits a covered employer to hold employees who have drug and
alcohol problems to the same qualification standards for
employment or job performance and behavior as other employees,
even if any unsatisfactory performance or behavior is related to
the employee's alcoholism or drug use. (29 U.S.C. 12114(c)(4))

(1) An individual who is currently engaging in the illegal

use of drugs, when the agency acts on the basis of such use, is
excluded from the definition of "individual with disabilities"
in accordance with 29 CFR 1614.203(h).

(2) To be considered a request for reasonable

accommodation, the employee must request accommodation before
she or he has committed the misconduct that violates one of the
agency's qualification standards for employment or job
performance and behavior under which the agency uniformly
imposes discipline. (Walsh v. USPS, 74 MSPR 627 (1997))

(3) Trafficking in drugs is misconduct that does not

normally entitle an employee to reasonable accommodation.
Accordingly, an employee who traffics in drugs will be subject
to remedies as provided for in Appendix B of Implementing
Directive 752-01.

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 b. Conduct that takes an employee outside the protection of
the Rehabilitation Act. Similar to paragraph 'a' above, the
MSPB has held that there are “…certain acts of misconduct which
when committed by an employee who is an alcoholic or drug
addict, take that employee outside the scope of the protecting
legislation because the misconduct renders that person not a
‘qualified’ individual with disabilities.” The type of
misconduct that, standing alone, disqualifies a federal employee
from his position is that which, by its very nature, strikes at
the core of the job or the agency's mission, or is so egregious
or notorious that an employee's ability to perform his duties or
to represent the agency is hampered. (see Hougens v. U.S. Postal
Service, 38 MSPR 135(1988)).

16. Records and Reports

a. Records. All drug testing information on specific

individuals is confidential and should be treated as such by
anyone authorized to review or compile DFWP records. Records
and information described in this paragraph will remain
confidential, must be marked "For Official Use Only," and
retained in a secure device with only authorized individuals who
have a "need-to-know" having access.

(1) DPC. To efficiently implement this guidance and to make

information readily available, the DPC will maintain all records
relating to DFWP including: drug testing, retest, full
documentation and any other authorized documentation necessary
to support the program.

(2) HRSC. All records and information relating to the drug

testing of selectees will be retained in recruiting, examining,
and placement records.

(3) HRO. Disciplinary and adverse action records resulting

from employee verified positive or non-negative drug test
results will be maintained by the HRO.

(4) MRO. All drug test results and other related records
necessary to perform the functions of the position will be
maintained by the MRO.

(5) Employee Medical File. Drug test results may be

retained in the employee medical file.

(6) Civilian Employee Assistance Program. If appropriate,

drug test results may be retained in the employee counseling

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records maintained by the CEAP Administrator. The CEAP
Administrator will maintain only those records necessary to
comply with the CHRM Subchapter 792.1. After an employee
referral, the CEAP Administrator will maintain all records
necessary to carry out his or her duties. All medical and/or
treatment/rehabilitation records concerning the employee's drug
abuse, including CEAP records of the identity, diagnosis,
prognosis, or treatment, are confidential and must be marked
"For Official Use Only." They may be disclosed only as
authorized by 42 CFR Part 2, including the provision of written
consent by the employee. By written consent, the patient may
authorize the disclosure of these records to the patient's
employer for verification of treatment or for a general
evaluation of treatment progress. See 42 CFR.
Part 2.1, et seq.

b. Maintenance of Records. The Department of the Navy will

maintain the records of its DFWP consistent with its 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. 552 and SECNAVINST 5212.5D. If
necessary, records may be maintained as required by subsequent
administrative or judicial proceedings or at the discretion of
the Secretary of the Navy.

(1) Negative drug test records will be retained for 3 years

unless otherwise covered by another record keeping system such
as the Employee Medical File.

(2) Positive or non-negative drug test records are not

authorized for disposal.

c. Employee Access to Records. Any employee (including any

Federal employee applicant) who is the subject of a drug test
will upon written request to the DPC, have access to any records
relating to:

(1) Such employee's or applicant's drug test; and

(2) The results of any relevant laboratory certification,

review, or revocation of certification proceedings, as referred
to in 42 CFR Part 2.

Except as authorized by law, an applicant who is not already a

Federal employee will not be entitled to this information.

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 d. Statistical Reports. The DPC will collect and compile
anonymous statistical data for reporting the number of:

(1) Random, reasonable suspicion, accident or unsafe

practice, follow-up, voluntary, or pre-employment tests
administered.

(2) Verified positive or non-negative test results, by type

of test.

(3) Voluntary drug counseling referrals.

(4) Involuntary drug counseling referrals.

(5) Disciplinary actions, terminations, employee applicant

non-selection, or denials of employment offers from a verified
positive or non-negative drug test result.

(6) Disciplinary actions, terminations, or denials of

employment offers resulting from refusal to submit to testing.

(7) Disciplinary actions, terminations, or denials of

employment offers resulting from alteration of specimens.

(8) Disciplinary actions, terminations, or denials of

employment offers resulting from failure to complete a drug
abuse counseling program.

(9) Employees who successfully complete rehabilitation

under CEAP.

(10) Employee, manager, and supervisory drug training.

d. Statistical Report. This data, along with other

pertinent information, will be compiled for inclusion in the
Department of the Navy's annual report to the Department of
Defense and the DHHS. The DHHS will use the data to assist in
overall program evaluation and in reporting to Congress.

17. Commencement of DFWP. Activity heads/commanders may

commence drug testing only after:

a. An activity/command DPC is appointed and has completed

the OCHR DPC course. When using collection personnel or MRO
services other than through the DON contract a waiver must be
granted by OCHR and the collectors and MRO must be trained on
the requirements of the DFWP and collection procedures. MROs

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must meet all the requirements set forth in the DHHS Mandatory
Guidelines.

b. Mandatory training on drug testing for supervisors and

managers has been conducted.

c. The activity/command positions have been reviewed to

confirm that the position series, titles and duties match those
of the TDP.

d. Activity/command employees have been given a copy of the

general notice and an individual notice complying with the
requirements of E.O. 12564 and P.L. 100-71 has been given to
individuals in TDPs. An individual notice must be given to each
employee in a TDP at least 30 days before the employee is
subject to unannounced random testing.

e. Bargaining obligations under 5 U.S.C., Chapter 71, have

been satisfied.

f. A local activity/command instruction is issued.

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