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1. Prohibiting testing except for reasonable suspicion or probable cause. NFFE, Local 15, 30 FLRA 1046, Proposal 1 [NN]
2. Prohibiting use of an observer unless there is probable cause to suspect that the sample may be altered. NFFE, Local 15, 30 FLRA 1046, Proposal 12 [NN
]
3. Precluding drug testing of employees on a random basis. NAGE, Local R14–9, 30 FLRA 1083 [NN]
4. Allowing testing only where there is probable cause. IAMAW, Lodge No. 282, 30 FLRA 1088 [NN]
5. Allowing testing only when there is probable cause to believe that the employee is under the influence of a controlled substance while on duty. AFGE, Local 1759, 31 FLRA 21, Proposal 1 [NN]
6. Prohibiting the agency from requiring employees to sign forms consenting to participate in the drug testing program. AFGE, Local 2185, 31 FLRA 45, Proposal 4 [NN]
7. Preventing the screening of employees under agency’s drug testing program. NAGE, Local R14–5, 31 FLRA 62, Proposal 3 [NN]
8. Providing for drug testing only on the basis of probable cause. NFFE, Local 1437, 31 FLRA 101, Proposal 7 [NN]
9. No employee will be subjected to urinalysis on a punitive basis. NFFE, Local 1437, 31 FLRA 101, Proposal 4 [N]. Remanded in Dover Army Armament Research and Development and Engineering Center v. Federal Labor Relations Authority, No. 88-1289 (D.C. Cir. 1988). On remand, NFFE, Local 1437, 33 FLRA 493, Proposal 4 [N, Agency accepted FLRA’s negotiability determination and, therefore, Proposal 4 was not at issue]
10. Barring testing of employees as punitive measure. IAMAW, Lodge 2424, 31 FLRA 205, Proposal 16 [N]
11. Allowing employer to test employees only when it has a reasonable reason for testing them. IAMAW, Lodge 2424, 31 FLRA 205, Proposal 25 [NN]
12. Providing that no employee will be subjected to urinalysis as punitive measure. NFFE, Local 178, 31 FLRA 226, Proposal 2 [N]. Remanded in Aberdeen Proving Ground v. Federal Labor Relations Authority, No. 88-1309 (D.C. Cir. 1988). On remand, NFFE, Local 178, 33 FLRA 521, Proposal 2 [N, Agency accepted FLRA’s negotiability determination and, therefore, Proposal 2 was not at issue].
13. No employee will be subjected to urinalysis as punitive measure. NFFE, Local 2058, 31 FLRA 241, Proposal 2 [N]. Remanded in Aberdeen Proving Ground v. Federal Labor Relations Authority, No. 88-1310 (D.C. Cir. 1988). On remand, NFFE, Local 2058, 33 FLRA 702, Proposal 2 [N, Agency accepted FLRA’s negotiability determination and, therefore, Proposal 2 was not at issue].
14. Limiting the grounds on which management would base an inference that an employee’s judgment is impaired to that obtained from direct observation of the employee while performing piloting duties. International Organization of Masters, Mates and Pilots, 32 FLRA 269, Proposal 7 [NN]
15. The frequency or intervals at which employees will be tested. AFGE, Local 1808, 37 FLRA 1439, Provision 2 [NN]
16. If an employee being tested is not able to provide a sufficient volume of urine, the employee may return the next day to complete the specimen. AFGE, Local 1808, 37 FLRA 1439, Provision 4 [NN]
17. Employees will be tested only for marijuana and cocaine. NTEU, 38 FLRA 79, Proposal 1 [NN]
18. Addressing situations in which an employee is unable to provide a urine sample of sufficient volume. NTEU, 38 FLRA 79, Proposal 2 [NN]
19. Requiring the agency to establish and administer a drug testing program in accordance with the U.S. Constitution, applicable laws, rules and regulations and the parties’ agreement. AFGE, Dept. of Education Locals, 38 FLRA 1068, Proposal 1 [N]. On reconsideration, 39 FLRA 1241, Proposal 1 [N]. Reversed in Department of Education v. Federal Labor Relations Authority, 969 F.2d 1158 (D.C. Cir. 1992).
20. Precluding the random testing of employees for drug abuse except for employees designated as sensitive. AFGE, Dept. of Education Locals, 38 FLRA 1068, Proposal 2, Section A [NN]
21. Establishing the standard that the agency must use in designating a position as sensitive pursuant to B.O. 12564. AFGE, Dept. of Education Locals, 38 FLRA 1068, Proposal 2, Section B [NN]
22. Providing that urine samples will be taken in a sanitary area which accords employees privacy. AFGE, Dept. of Education Locals, 38 FLRA 1068, Proposal 5, Section B [N]. On reconsideration, 39 FLRA 1241, Proposal 5, Section B [N]
23. Requiring the agency to maintain strict procedures concerning the transfer and transport of employees’ urine samples to assure that each employee’s sample is properly identified throughout the testing process. AFGE, Dept. of Education Locals, 38 FLRA 1068, Proposal 6, Section A [N]
24. Requiring destruction of any employee records concerning unconfirmed test results. AFGE, Dept. of Education Locals, 38 FLRA 1068, Proposal 6, Section D [NN]
25. Requiring the agency to negotiate concerning its Employee Assistance Program prior to implementation of the agency’s drug testing program. AFGE, Dept. of Education Locals, 38 FLRA 1068, Proposal 7, Section C [N]
26. Preventing the agency from using consent forms to obtain assurance from employees that they will comply with the agency’s drug testing program. AFGE, Dept. of Education Locals, 38 FLRA 1068, Proposal 8 [NN]
27. Employees shall normally be subject to only two random tests each year. AFGE, Local 738, 38 FLRA 1203, Proposal 1 [NN]
28. Precluding the agency from subjecting an employee to more than one random drug test during a calendar year. Graphics Communication International Union, 39 FLRA 437, Proposal 1 [NN]
29. Providing that employees who volunteer to be tested and who test negative would be exempt from the random drug testing program for the remainder of the same calendar year. Graphics Communication International Union, 39 FLRA 437, Proposal 2 [NN]
30. Requiring the agency to establish and administer its drug testing program in strict compliance with law, rule and regulation. AFGE, Local 3457, 39 FLRA 1276 [N]. Reversed in Department of Interior v. Federal Labor Relations Authority, 969 F.2d 1158 (D.C. Cir. 1992).
31. Prohibiting the agency from using the urinalysis test as a punitive measure against an employee. IFPTE, Local 128, 39 FLRA 1500, Proposal 6 [N]
32. Prohibiting the agency from testing an employee who has tested negative for the use of illegal drugs for at least a year after the date of the negative test result. IFPTE, Local 128, 39 FLRA 1500, Proposal 16 [NN]
33. Addressing the agency’s implementation of its drug testing program. NFFE, Local 1384, 41 FLRA 195 [NN]
34. Addressing the agency’s implementation of its drug testing program. NFFE, Local 1953, 41 FLRA 332 [NN]
35. Stating that “Employer has determined that individuals serving as Employee Assistance Program counselors shall not perform actual drug testing.” NTEU, 41 FLRA 1106, Provision 2 [N]
36. An employee who receives a positive test result may have a second test conducted by another Health and Human Services certified laboratory at agency expense on a different portion of the original sample. NTEU, 41 FLRA 1106, Provision 5 [NN]
37. Drug tests are to be administrated “only where there is a specific objective reason to believe that the person who is to be tested is jeopardizing workplace safety or is not performing his or her job because of on the job intoxication or impairment. AFSCME, Local 3097, 42 FLRA 412, Proposal 4 [NN, insofar as it applies to random drug testing and to reasonable suspicion testing of employees who encumber security or safety–sensitive positions]
38. Drug tests are to be administrated only where there is a specific objective reason to believe that the person who is to be tested is jeopardizing workplace safety or is not performing his or her job because of on the job intoxication or impairment. AFSCME, Local 3097, 42 FLRA 412, Proposal 4 [N, insofar as it applies to reasonable suspicion testing of employees who do not encumber such positions]
39. Only those positions with duties requiring incumbents to hold top security clearances as TDPs. AFSCME, Local 3097, 42 FLRA 412, Proposal 9 [NN]
40. Allowing unit employees to request agency review of decisions to designate the employees’ positions as TDPs without regard to the time limit contained in the agency’s drug testing plan, except when the employee is ordered to undergo testing. AFSCME, Local 3097, 42 FLRA 412, Proposal 14 [N]
41. Permitting drug testing in connection with an accident or unsafe practice only when there is a reasonably apparent relationship between the accident or practice and illegal drug use. AFSCME, Local 3097, 42 FLRA 412, Proposal 21 – 25 [NN]
42. Employees may only be tested for drugs during their regular working hours, may not be required to report outside of their regular working hours for the purpose of drug testing, and may not be required to remain after their regular working hours in order to complete a drug test. AFSCME, Local 3097, 42 FLRA 412, Proposal 28 [NN]
43. Requiring that reasonable suspicion testing be performed only when the agency concludes that an employee’s abnormal conduct or behavior is reasonably related to illegal drug use. AFSCME, Local 3097, 42 FLRA 412, Proposal 32 [N]
44. Prohibiting the use of any drug test which can not show impairment of work performance. AFSCME, Local 3097, 42 FLRA 412, Proposal 35 [NN]
45. No bargaining unit employee will be involved in any phase of the agency’s drug testing procedures. AFGE, Local 1808, 42 FLRA 542, Proposal 10 [NN]
46. Requiring the agency to provide employees who are required to undergo a “reasonable suspicion” drug test with various forms of written justification for that test within 24 and 48 hours, respectively, after testing. AFGE, Border Patrol and Immigration Councils, 42 FLRA 599, Proposals 1 and 6 [N
]
47. Requiring the agency, at the request of employees who believe that their constitutional rights are being violated by the imposition of the agency’s drug testing program, to reduce the security clearance of those employees to a level just below that of the TDPs to which they have been assigned. NAGE, Local R1–144, 42 FLRA 730, Proposal 1 [NN]
48. If an employee has been randomly tested, that employee’s name would be removed from the group of employees subject to random testing for 1 year or until the pool of employees in TDPs is exhausted. NAGE, Local R1–144, 42 FLRA 730, Proposal 3 [NN]
49. The agency’s drug testing program will be conducted in compliance with applicable laws, rules, regulations and the parties’ agreement. AFGE, Local 446, 43 FLRA 836, Proposal 1 [N]
50. No bargaining unit employees will be involved in any phase of drug testing procedures. AFGE, Local 446, 43 FLRA 836, Proposal 9A [NN]
51. Requiring the agency to provide training to bargaining unit employees and union representatives concerning the drug testing program. AFGE, Local 446, 43 FLRA 836, Proposal 9B [N]
52. The agency will not require employees to participate in voluntary drug testing programs. AFGE, Local 446, 43 FLRA 836, Proposal 11 (first sentence) [N]
53. Employees will not incur any advantage or disadvantage based on their participation or non–participation in voluntary drug testing programs. AFGE, Local 446, 43 FLRA 836, Proposal 11 (second sentence) [NN]
54. Prior to deciding to test an employee for reasonable, articulable suspicion, the supervisor will document his or her suspicions. AFGE, Local 446, 43 FLRA 836, Proposal 2B [N]
55. Requiring the agency to pay $25 to employees who were subjected to random and reasonable suspicion drug testing, and who have tested negative to compensate for any negative impact such as humiliation and embarrassment. NTEU, Chapters 243 and 245, 45 FLRA 270, Proposal 1 [NN]
56. Requiring the agency to comply with applicable laws, rules and regulations in establishing and administering various aspects of its drug testing program. IFPTE, Local 89, 48 FLRA 516, Proposal I, IIB3, and IIC1d [NN, (a)(l)]
57. Certain drug tests will be approved by an official with training and experience in evaluating drug–induced impairment. IFPTE, Local 89, 48 FLRA 516, Proposal IIA4 [NN, (a)(2)(A)]
58. The agency will ensure that employees included in the random testing pool are working under accurate and up–to–date position descriptions and performance plans. IFPTE, Local 89, 48 FLRA 516, Proposal IIB4 [NN, (a)(l)]
59. In the event that a laboratory fails to meet technical quality control standards, the agency will discontinue testing urine samples until such time as the laboratory is able to meet the standards. IFPTE, Local 89, 48 FLRA 516, Proposal IVG13 [NN, (a)(l)]
60. Training on the agency’s drug testing program and employee assistance program will be prepared by an official who is trained and qualified to provide such training. IFPTE, Local 89, 48 FLRA 516, Proposal VA1 [N]
61. Eliminating the responsibility of the Drug Program Coordinator to report to the security officer any request for safe harbor of an employee possessing a current security clearance under OPNAVINST 5510.1lH. IFPTE, Local 1 49 FLRA 225, Proposal 2 [NN, (a)(1)]
62. Permitting employees to seek safe harbor protection directly from the Civilian Employee Assistance Program counselor. IFPTE, Local 1, 49 FLRA 225, Proposal 3 [NN, (a)(1)]
63. Requiring the Civilian Employee Assistance Program counselor to maintain documentation related to safe harbor requests. IFPTE, Local 1, 49 FLRA 225, Proposal 3 [N]
64. Requiring the agency to remove any employee who tests positive for illegal drugs from the chain of custody of drug test specimens. IFPTE, Local 1, 49 FLRA 225, Proposal 6 [NN, (a)(2)(B)]
65. Restating section 2.4 (a)(I) of the Health and Human Services Guidelines. IFPTE, Local 1, 49 FLRA 225, Proposal 7 [N]
66. Restating section 2.4(n)(2) and 2.4(m) of the Health and Human Services Guidelines. IFPTE, Local 1, 49 FLRA 225, Proposal 7 [N]
67. Agency prohibited from conducting random drug testing of bargaining unit employees. IAMAW, 59 FLRA 830, Proposal 1 [NN, (a)(1)]

Medical Documentation

1. Creating a presumption that medical documentation submitted by an employee stating the reason for the positive test is valid. NFFE, Local 178, 31 FLRA 226, Proposal 4 [N]. Remanded in Aberdeen Proving Ground v. Federal Labor Relations Authority, No. 88-1309 (D.C. Cir. 1988). On remand, NFFE, Local 178, 33 FLRA 521, Proposal 4 [N]
2. Medical documentation which demonstrates legal drug use by an employee shall be presumed to be a valid explanation for a positive test result unless rebutted. NFFE, Local 178, 33 FLRA 521, Proposal 4 [N]
3. An employee shall not be required to sign any document associated with the agency’s drug testing program if the document states that the employee agrees to the program, when in fact the employee does not agree. AFGE, Local 738, 38 FLRA 1203, Proposal 3 [NN]
4. Requiring the release of drug test results without prior written consent. Federal Employees Metal Trades Council, 38 FLRA 1410, Provision 3, Part A, Section 2 [NN]
5. Documentation provided by an employee of legitimate drug use will be presumed to be a valid explanation of a positive test. NFFE, Local 2015, 41 FLRA 1158, Proposal 13 [N]
6. Requiring the agency to destroy any employee records concerning unconfirmed drug test results. AFGE, Local 1808, 42 FLRA 542, Proposal 8 [NN]
7. Preventing the agency from requiring employees to sign any documents in which they agree or disagree to be tested for drug use. AFGE, Local 1808, 42 FLRA 542, Proposal 9 [NN]
8. Providing employees with the opportunity to declare and document the use of nonprescription medication or substances that might produce a false positive result or the use of a specific drug following a confirmed positive result. AFGE, Local 446, 43 FLRA 836, Proposal 4F, Subsections 2 and 3 [N]
9. The agency shall release information concerning employee drug tests only to those individuals who have an absolute need to know. AFGE, Local 446, 43 FLRA 836, Proposal 6, Section B [N]
10. Requiring the agency to destroy any employee records concerning non–confirmed drug test results. AFGE, Local 446, 43 FLRA 836, Proposal 6, Section C [NN]
11. Requiring the agency to provide copies of all records and documents to employees relating to their drug test. AFGE, Local 446, 43 FLRA 836, Proposal 6, Section D [N]
12. Preventing the agency from requiring employees to sign any documents stating that they agree or disagree to be tested. AFGE, Local 446, 43 FLRA 836, Proposal 8 [NN]
13. Requiring the agency to provide each bargaining unit with copies of any drug testing training manual prepared for supervisors. NTEU, Chapters 243 and 245, 45 FLRA 270, Proposal 2 [N]
14. Requiring the agency to maintain certain statistical information regarding employees tested under the drug testing program. IFPTE, Local 89, 48 FLRA 516, Proposal IV.C.6 [N]