U.S. Department of Agriculture
Departmental Administration
Human Resources Management
U.S. Department of AgricultureDepartmental AdministrationHuman Resources Management |
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On April 27, 1988, the Department of Health and Human Services certified to Congress that this plan met the requirements of the law and the Executive Order on Drug-Free Workplace Programs.
The Plan has been changed/modified several times. All changes have been approved by the Secretary of Agriculture and copies provided to the Department of Health and Human Services. This continues to be the official certified Plan for a Drug Free Workplace for the Department of Agriculture.
I. INTRODUCTIONA. BACKGROUND
On September 15, 1986, the President 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 Secretary of Agriculture on October 10, 1986, expressed the support of the U.S. Department of Agriculture (USDA) for a Drug-Free Federal Workplace.
The Executive Order recognized that illegal drug use is seriously impairing a portion of the national workforce, 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 and necessary conditions of employment. Prohibiting employee drug use is one such condition. USDA 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, legislation was signed affecting implementation of the Executive Order under Section 503 of the Supplemental Appropriations Act of 1987, P.L. 100-71, 101 Stat. 391, 468-471, codified at 5 U.S.C. Section 7301 (hereafter referred to as the "Act"). The Act established uniformity among Federal agency drug testing plans, reliable and accurate drug testing, employee access to drug testing records, confidentiality of drug testing results, and centralized oversight of the Federal Government's drug testing program.
The purpose of the USDA Drug-Free Workplace Plan is to set forth objectives, policies, procedures, and implementation guidelines, to achieve a drug-free workplace, consistent with the Executive Order and Section 503 of the Act.
B. Statement of Policy
The USDA, in light of its responsibility to protect the agricultural economy, the nation's food supply, and the natural resources of this country, and in light of the corresponding sensitive nature of these endeavors, has a compelling obligation to eliminate illegal drug use from its workplace.
Agricultural products are essential to each and every individual and the economic well-being of the country. Agriculture remains the single most important business concern of the United States. USDA establishes and enforces policies which affect every aspect of agriculture. It is essential that development and implementation of policies affecting the production, harvesting, sales, marketing, research and use of agricultural commodities and natural resources, under the auspices of USDA be established in a drug-free environment.
Illegal drug usage by employees has had a negative impact on the mission of USDA. Cases have been identified where employees have used government property to grow and distribute drugs, created international drug related incidents, embezzled funds and stolen property to maintain their own drug dependencies, and overdosed themselves with heroin on USDA property. The number of such incidents is, fortunately, low when compared with the number of employees. However, the number of drug related incidents being reported has increased by over 300 percent since 1984. This dictates the need for a program which prevents such occurrences.
A drug testing program which incorporates random testing and other appropriate types of testing, provides assistance to, and protection from, drug abusers. Given the seriousness of the existing cases, such a program is a critical component for ensuring the integrity of the accomplishment of the mission of USDA.
The success of USDA's Drug-Free Workplace Program also depends on how well USDA can inform its employees of the hazards of drug use and provide assistance to drug users. Equally important is the assurance to employees that their personal dignity and privacy will be respected in reaching the USDA goal of a drug-free workplace. Therefore, this plan includes policies and procedures for: (1) employee counseling and 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
The USDA Plan includes the following types of drug testing: (1) applicant testing; (2) random testing of employees in testing designated positions; (3) reasonable suspicion testing; (4) injury, illness, unsafe or unhealthful practice testing; (5) voluntary testing, and (6) testing as part of or as a follow-up to counseling or rehabilitation.
The frequency of random testing, voluntary testing, and follow-up testing is specified at Section IX(A), Section XII(B), and Section XII(C), respectively. The Secretary reserves the right to increase or decrease the frequency of testing based on USDA'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
The drugs for which individuals will be tested are listed in Appendix B. For reasonable suspicion testing under Section X of this plan, a test for any drug identified in Schedule I or II of the Controlled Substances Act may be conducted with the approval of the Department of Health and Human Services (HHS).
E. Scope and Implementation
This plan was effective on August 8, 1988, and covers all agencies of USDA.
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, and will continue to meet its obligations under Title VII of the Civil Service Reform Act of 1978.
G. Revision of USDA Plan
The Secretary has delegated the right to make additions, deletions, or changes to this Plan to the Assistant Secretary for Administration (ASA). Requests for changes must be submitted to the ASA for approval.
H. References
1. Authorities
a. Executive Order 12564:
b. Executive Order 10450;
c. Section 503 of the supplemental Appropriations Act of 1987, P.L. 100-71, 101 Stat. 391, 468-471, codified at 5 U.S.C. Section 7301 note (1987);
d. Scientific and Technical Guidelines for Drug Testing Programs; Alcohol, Drug Abuse and Mental Health Administration (ADAMHA), Department of Health and Human Services (HHS), as revised (1994);
e. Standards for Certification of Laboratories Engaged in Urine Drug Testing for Federal agencies; Alcohol, Drug Abuse and Mental Health Administration (ADAMHA), Department of Health and Human Services (HHS), as amended;
f. Civil Service Reform Act of 1978,
P.L. 95-454;
g. 42 CFR Part 2, establishing requirements for assuring the confidentiality of alcohol and drug-abuse patient treatment records;
h. The Privacy Act of 1974 (5 U.S.C. Section 552a), prescribing requirements governing the maintenance of records by agencies pertaining to the individuals and access to these records by the individual(s) to whom they pertain;
i. 7 CFR Part 1, Subpart G, implementing the Privacy Act of 1974 within the USDA;
j. Federal Employees Substance Abuse Education and Treatment Act of 1986, P.L. 99-570;
2. Guidance - Sections 4 and 5 of Chapter 3 of the USDA Safety and Health Manual of August 1996.
II. DEFINITIONS
A. Applicant means any individual tentatively selected for employment with USDA in a Testing Designated Position or any individual within USDA tentatively selected for movement into a Testing Designated Position who has not, immediately prior to the selection, been subject to random testing.
B. Employee Counseling Services Program (ECSP) means the USDA 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. This program may be known by other names in some USDA agencies.
C. Employee Counseling Services Program Manager means the individual responsible for ensuring the development, implementation and review of the USDA ECSP and for the management of this Plan for a Drug-Free Workplace in USDA.
D. Employee Counseling Services Program Coordinator means the individual designated by USDA agencies to be responsible for implementing and operating the ECSP within their agency.
E. Medical Review Officer (MRO) means a licensed physician with appropriate medical training in substance abuse disorders to evaluate and interpret all positive test results received from the drug testing laboratory together with an individual's medical history and any other relevant biomedical information.
F. Technical Review Panel means a USDA panel comprised of a licensed physician, forensic toxicologist, legal counsel, and the Director, Employee Relations Division, Human Resources Management which will oversee the technical aspects of the drug testing program.
G. Illegal Drug 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, unless possessed or used pursuant to a valid prescription or other lawful means.
H. Management Official means an employee required or authorized by the USDA to formulate, determine, or influence USDA policies as per 5 U.S.C. Section 7103(a)(11).
I. Random Testing means a system of drug testing imposed without individualized suspicion that a particular individual is using illegal drugs. Random testing may either be uniform unannounced testing of employees occupying Testing Designated Positions in a specified area, organizational element or position, or may be a statistically random sampling of a percentage of such employees based on a neutral criterion, such as social security numbers.
J. Sensitive Position means a position:
1. Designated as Special-Sensitive, Critical-Sensitive, or Noncritical-Sensitive, or designated as sensitive in accordance with Executive Order No. 10450, as amended;
2. In which employees have either been or will be granted access to classified information pursuant to a determination of trustworthiness under Section 4 of Executive Order No. 12356;
3. Filled by a Presidential appointment with the advice and consent of the Senate;
4. Entailing law enforcement as defined in 5 U.S.C. Section 8331 (20) and 8401 (17); or
5. Which the Secretary of Agriculture determines involves 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.
K. 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 judgment.
L. Testing Designated Position means a position within USDA which has been designated for random testing under Section IX of this Plan.
M. Verified Positive Test Result means a test result that has been screened positive by an Food and Drug Administration (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 (HHS)), evaluated by the Medical Review Officer and which has been determined to be unjustifiable under Section XIII of this plan.
N. Agency Drug Testing Liaison (ADTL) means the person appointed by the agency Head to provide the liaison with the agency Head, ECSP Manager and the supervisors and employees of their agency on the Drug-Free Workplace Program.
III. EMPLOYEE COUNSELING SERVICES PROGRAM
A. Function
The USDA ECSP plays an important role in preventing and resolving employee drug use by providing employees an opportunity to discontinue their drug use through individual counseling and referral to rehabilitation facilities. The USDA ECSP provides educational materials to supervisors and employees on drug use issues and assists supervisors in confronting employees who have performance and/or conduct problems. Follow-up with individuals will also be made by the ECSP during the rehabilitation period to track their progress and encourage successful completion of the program. ECSP Counselors providing assessment, short-term counseling, and referral services will not be involved in sample collection or the initial reporting of test results.
B. Referral and Availability
Employees found to be using drugs will be referred to the ECSP. The ECSP will continue to be available to employees without regard to a finding of drug use. The ECSP will also provide counseling or rehabilitation for all referrals, as well as education and training regarding illegal drug use. In addition, the ECSP is available when feasible to the families of employees with drug problems, and to employees with family members who have drug problems.
In the event the employee is not satisfied with the program of treatment or rehabilitation, the employee may seek review of the ECSP Counselors's referral by notifying the ECSP Manager prior to completing the program. The decision of the ECSP Manager regarding the treatment will be final and will not be subject to further administrative review. Regardless of the treatment program chosen, the employee remains responsible for successful completion of the treatment, and assertions that the counselor failed to consider one or more of the above factors in making a referral shall not constitute either an excuse for continuing to use illegal drugs or a defense to disciplinary action if the employee does not complete the treatment.
C. Records and Confidentiality
All ECSP operations will be confidential in accordance with Section XIV of this Plan relating to records and confidentiality.
D. Structure and Responsibility
The Director, Safety and Health Management Division (SHMD), Human Resources Management, is responsible for oversight of the USDA ECSP, and will provide high level direction and promotion of the program. The USDA ECSP is a decentralized program with agencies responsible for assuring that ECSP is available for their employees.
USDA agencies will have an ECSP Coordinator who will be responsible for working with the ECSP Manager, agency Drug Testing Liaison, Employee Relations Officers, supervisors and program managers with regards to the drug testing program.
E. Leave Allowance
With supervisory approval, employees may be allowed up to one hour (or more as necessitated by travel time) of excused absence for each counseling session during the assessment/referral phase of rehabilitation. Thereafter, absences during duty hours for rehabilitation or treatment must be charged to the appropriate leave category in accordance with law and leave regulations.
IV. SUPERVISORY TRAINING
A. Objectives
Since supervisors have a key role in establishing and monitoring a drug-free workplace, USDA will provide training to assist supervisors and managers in recognizing and addressing illegal drug use by agency employees.
B. Implementation
Each USDA agency, with the assistance of the ECSP Manager as necessary, will be responsible for implementing supervisory training designed to ensure that all supervisors are fully informed of the USDA Drug-Free Workplace Plan.
C. Training Package
Supervisory training will be required of all supervisors within two years of the implementation of this Plan. Training will be provided as soon as possible after a person assumes supervisory responsibility. A variety of training delivery methods such as formal training sessions, teleconferences, and self-instruction through video tapes, audio tapes, and written materials may be used. Training courses should be based on the forty (40) goals and learning objectives developed as a part of the USDA Generic Training Project and should also include:
1. Departmental policy relating to drug use and ECSP;
2. The prevalence of various employee problems with respect to drugs and alcohol;
3. The ECSP approach to handling problems;
4. How to recognize employees with possible problems;
5. The roles of the medical staff, supervisors, personnel, and ECSP personnel;
6. How to document employee performance or behavior;
7. How to approach the employee;
8. How to use the ECSP;
9. How to initiate disciplinary action;
10. How to arrange for details from sensitive positions;
11. Reintegration of employees into the workforce; and
12. Written materials which the supervisor can use at the work site.
V. EMPLOYEE EDUCATION
A. Objectives
Agency training programs, with assistance from ECSP as necessary, will offer on-going drug education to all USDA employees. Drug education presented to employees will be based upon the goals and learning objectives developed for this area as part of the USDA Generic Training Project. This includes:
1. Types and effects of drugs;
2. Symptoms of drug use, and the effects on performance and conduct;
3. The relationship of the ECSP to the drug testing program; and
4. Other relevant treatment, rehabilitation, and confidentiality issues.
B. Means of Education
Drug education activities may include:
1. Distribution of written materials;
2. Videotapes;
3. Lunchtime employee forums;
4. Employee drug awareness days; and
5. Formal training sessions.
VI. SPECIAL DUTIES AND RESPONSIBILITIES
A. Assistant Secretary for Administration
The Assistant Secretary for Administration will:
1. Ensure that the Plan is efficiently and effectively accomplished in accordance with the Executive Order and all other applicable laws and regulations;
2. Develop policies and procedures to enable the efficient and swift implementation of the Executive Order at headquarters and field locations, taking into account the unique geographical, personnel, budgetary and other relevant factors of the field offices;
3. Contract for drug testing services ensuring that contractors chosen to perform the drug testing services are HHS accredited and that all contracts conform to the technical specifications of the HHS guidelines contained in Appendix C;
4. Establish, by contract or with USDA employees as deemed appropriate, the function and specific responsibilities of the MRO as required by the HHS guidelines contained in Appendix C, and the position of the USDA ECSP Manager; and
5. Approve agency requests for additional applicant testing under Section XI of this Plan.
B. Agency Heads
Agency Heads will:
1. Ensure that an ECSP Coordinator is appointed and that ECSP is implemented within their agency in accordance with this Plan, and other applicable laws, regulations, and guidelines;
2. Ensure that supervisory training and employee education is delivered within their agency in accordance with Sections IV and V of this Plan;
3. Make recommendations for additional applicant testing (if any) within their agency to the Assistant Secretary for Administration, as outlined in Section XI of this Plan; and
4. Make any recommendation to the Director, SHMD for exemptions of positions from drug testing on the basis of hardship due to remote location, unavailability of on site testing, or the lack of an appropriate site for the test to be administered.
C. Director, Safety and Health Management Division
The Director, SHMD will:
1. Monitor and supervise implementation of this Plan;
2. Decide upon requests from agency Heads to exempt positions from testing on the basis of hardship due to remote location, unavailability of on site testing personnel, or the lack of an appropriate site for the test to be administered;
3. Coordinate with, and report to, HHS on drug testing activities and findings that may affect the reliability or accuracy of drug testing results; and
4. Approve case-by-case deferral of testing of USDA employees under Section IX of this Plan.
D. Employee Counseling Services Program Manager
The ECSP Manager will implement this Plan under the supervision of the Director, SHMD. The ECSP Manager will be responsible for directing, administering, and managing the implementation of this Plan within USDA. The ECSP Manager will serve as the principal contact with all organizations, internal and external to USDA, on Drug-Free Workplace matters. In carrying out this responsibility, the ECSP Manager will:
1. Coordinate all ECSP Manager duties with USDA agencies, and arrange for all drug testing described in this Plan;
2. Ensure that all employees subject to random testing receive individual notices as described in Section VII of this Plan, prior to implementation of the program;
3. Conduct laboratory inspections, as appropriate, with the assistance of the Technical Review Panel and document all results of laboratory inspections conducted;
4. Assure that the Drug-Free Workplace Program is publicized throughout the Department, that drug program educational materials are disseminated, and that training and education regarding drug use and rehabilitation are provided to supervisors and employees;
5. Upon receipt of a verified positive test result from the MRO, assure that agencies have ECSP available, and that as appropriate, employees are referred to the program;
6. Respond to all reporting requirements and report on a regular basis to the Assistant Secretary for Administration on all Drug-Free Workplace Program activities; and
7. Manage the delivery of the ECSP as defined in this Plan.
E. Employee Counseling Services Program Coordinator
The agency Heads will designate an Employee Counseling Services Program Coordinator who will:
1. Implement and operate the ECSP within their agency according to this Plan, assure that ECSP is available to all employees, and assure that supervisors and employees know how to access the program;
2. Coordinate with the Department ECSP Manager, the Employee Relations Officer, union representatives, and supervisors, as appropriate on drug testing issues;
3. Work with the Department ECSP Manager to provide educational materials and training on illegal drugs in the workplace to managers, supervisors, and employees; and
4. Advise supervisors of employees with performance and/or personnel problems that may be related to illegal drug use in the services available through ECSP.
F. Agency Drug Testing Liaison
Each agency Head will designate in writing to the Director, SHMD, an Agency Drug Testing Liaison (ADTL) who will:
1. Arrange for employees to present themselves for drug testing when so instructed by the ECSP Manager or agency Head;
2. Ensure that notices are delivered to employees subject to random testing;
3. As assigned by the agency Head, provide staff support in the responsibilities of the agency Head covered in Section VI. B. of this Plan; and
4. Assist the ECSP Manager with the coordination of all drug testing duties within their agency.
G. Medical Review Officer
USDA will have a MRO to carry out the purposes of this Plan. The MRO will, among other duties:
1. Receive all laboratory test results;
2. Assure that an individual who has tested positive has been afforded an opportunity to justify the test result in accordance with Section XIII. D. of this Plan;
3. Consistent with confidentiality requirements, refer determinations of verified positive test results to the ECSP Manager; and
4. Report test results of individuals subject to applicant testing to the appropriate personnel official.
H. Technical Review Panel
The Technical Review Panel serves as the USDA internal experts on drug testing and when requested will visit drug testing laboratories used by USDA, review the analytical procedures and recommend improvements to the ECSP Manager.
I. Director, Employee Relations Division, HRM
The Director, Employee Relations Division, HRM will:
1. Consistent with Sections VIII and XIV, receive all verified positive test results from the ECSP Manager;
2. Take appropriate action regarding any security clearance on those employees with verified positive test results;
3. Refer verified positive test results to agencies, as appropriate for action under Section VIII of this Plan; and
4. Initiate action under Section VIII of this Plan in cases where the authority to take action rests with the Director of Personnel or the Office of the Secretary.
J. Agency Employee Relations Officer
Agency Employee Relations Officers will:
1. Consistent with Section XIV, receive verified positive test results for cases within their authority from the Director, Employee Relations Division, HRM;
2. Inform and consult with appropriate supervisory and management personnel on appropriate actions regarding employees with positive drug test results; and
3. Initiate action under Section VIII of this Plan, working with supervisors and ECSP as appropriate.
K. Department and agency Training Officers
Training Officers will ensure that supervisory training and employee education is delivered within their areas of responsibility in accordance with Sections IV and V of this Plan.
L. Supervisors
Supervisors will be trained to recognize and address illegal drug use by employees, and will be provided information regarding referral of employees to the ECSP, procedures and requirements for drug testing, and behavioral patterns that give rise to a reasonable suspicion that an employee may be using illegal drugs. Working with personnel specialists as appropriate, first line supervisors will:
1. Be trained on illegal drug use in the workplace;
2. Initiate procedures for a reasonable suspicion test in accordance with Section X of this Plan after first making appropriate factual observations, documenting those observations and obtaining appropriate concurrence. However, failure of supervisors to receive training on reasonable suspicion testing procedures shall not invalidate otherwise proper reasonable suspicion testing;
3. Refer employees to the ECSP for counseling and rehabilitation, upon a finding of illegal drug use;
4. Initiate appropriate disciplinary action upon receiving a finding of illegal drug use by a subordinate; and
5. Assist second-line supervisors, personnel officials, and the ECSP Counselor in evaluating employee performance and or personal problems that may be related to illegal drug use.
VII. NOTICE
A. General Notice
A general notice from the Secretary of Agriculture announcing the testing program, as required by the Executive Order, will be provided to all employees no later than sixty (60) days prior to the beginning of drug testing under this Plan. The notice will indicate:
1. The purpose of the Drug-Free Workplace Plan;
2. The Plan includes both voluntary and mandatory testing;
3. That employees who hold positions selected for random testing will also receive an individual notice, not less than 30 days prior to the commencement of testing, indicating that their position has been designated as a Testing Designated Position;
4. The availability and procedures necessary to obtain counseling and rehabilitation through the ECSP;
5. The circumstances under which testing may occur;
6. That opportunity will be afforded to submit medical documentation of lawful use of an otherwise illegal drug;
7. That the laboratory assessment is a series of tests which are highly accurate and reliable, and that, as an added safeguard, laboratory results are reviewed by the MRO;
8. That positive test results verified by the MRO may only be disclosed in accordance with Section XIV of this Plan;
9. That all medical and rehabilitation records in an ECSP will be deemed confidential "patient" records and may not be disclosed without the prior written consent of the employee;
10. That employees will have the opportunity to submit a portion of the original sample to an HHS-approved laboratory of their choice, and at their own expense in accordance with Section XIII of this Plan; and
11. That employees will have the opportunity to voluntarily identify themselves as users of illegal drugs and to receive counseling or rehabilitation, and shall not be subject to disciplinary action as long as they remain drug-free.
B. Individual Notice
In addition to the general notice, an individual notice will be distributed to all employees in Testing Designated Positions explaining, in addition to the information provided above:
1. That the employee's position is a "Testing Designated Position" and the basis for that determination; and
2. That employees will have an opportunity to voluntarily identify themselves as users of illegal drugs and to receive counseling or rehabilitation, and that they shall not be subject to disciplinary action as long as they remain drug-free; and
3. That the employee's position will be subject to random testing no sooner than thirty days after receipt of the notice.
C. Appeals
If an employee believes his or her position has been wrongly designated a Testing Designated Position (TDP), that employee may file an administrative appeal to the designated official who has authority to remove the employee from the TDP list. The appeal must be submitted by the employee, in writing, within 15 days of notification, setting forth all relevant information. The designated official shall review the appeal based upon the criteria applied in designating that employee's position as a TDP. The official's decision is final and is not subject to further administrative review.
VIII. FINDING OF DRUG USE AND DISCIPLINARY CONSEQUENCES
A. Findings of Illegal Drug Use
It may be determined that an employee is using illegal drugs on the basis of any appropriate evidence including, but not limited to:
1. Direct observation of use or possession of illegal drugs;
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
USDA will refer an employee found to use drugs illegally to the ECSP. An employee who occupies a sensitive position may not be allowed to remain on duty in a sensitive position prior to successful completion of rehabilitation through ECSP. Appropriate action, such as detailing the employee from the sensitive position or voluntary use of leave by the employee, is therefore necessary. An employee may be allowed to return to duty in a sensitive position if the employee's return would not endanger public health or safety or national security as determined in writing by the following officials:
1. For Presidential appointees: Secretary of Agriculture;
2. For Senior Executives: Assistant Secretary for Administration;
3. For Schedule C employees and GS/GM - 14's and above: Director of Personnel;
4. For all other positions: agency Head (not to be redelegated).
The reasons for the determination must be documented for the record. In all positions requiring a security clearance, the Director, Employee Relations Division, HRM, must concur before the employee may be allowed to occupy the position.
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; will be consistent with the Executive Order and the Civil Service Reform Act of 1978; and will include the full range of disciplinary actions, including removal. Disciplinary action will be initiated against any employee found to use illegal drugs with the exception of voluntary admissions in accordance with Section VIII (E) of this Plan.
Such disciplinary action may include any of the following measures but a proposal for some disciplinary action must be initiated:
1. Reprimanding the employee in writing;
2. Placing the employee in enforced leave status;
3. Suspending the employee without pay;
4. Suspending the employee without pay until the employee successfully completes rehabilitation, or until it is determined that action other than suspension is more appropriate;
5. Reducing the employee in grade or rate of pay; and
6. Removing the employee from service.
D. Initiation of Mandatory Removal From Service
A proposal to remove employees will be initiated for:
1. Refusing to obtain counseling or rehabilitation through the Employee Counseling Services Program, or through a private or alternative counseling/rehabilitation program approved by the ECSP Manager, as required by the Executive Order after having been found to use drugs; or
2. Having been found not to have refrained from illegal drug use after a first finding of illegal drug use; or
3. Refusing to be tested when so required; or
4. Attempting to alter or substitute specimens; or
5. Distributing or selling of illegal drugs.
E. Voluntary Admission
Under Executive Order 12564, USDA is required to initiate action to discipline any employee found to use illegal drugs in every circumstance except one. That exception is where an employee (1) voluntarily admits drug use; (2) obtains and completes counseling and rehabilitation through the ECSP; and (3) thereafter refrains from illegal drug use.
Accordingly, USDA will not initiate disciplinary action when an employee:
1. Voluntarily admits drug use to appropriate supervisors or management officials before being identified through other means;
2. Obtains and completes counseling and rehabilitation through the ECSP; and
3. Thereafter refrains from illegal drug use.
This "safe harbor" is being provided since:
1. A fundamental purpose of the USDA Drug-Free Workplace Plan is to assist employees who seek treatment for drug use. This self referral option allows employees to step forward and identify themselves as illegal drug users for the purpose of entering a drug treatment program under the ECSP.
2. The key to this provision's rehabilitative effectiveness is an employee's willingness to admit their problem to themselves and to others is of prime importance.
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 Sections VIII(A)(1), VIII(A)(2), or XII (B) and who thereafter requests protection under this provision. This provision, moreover, would not protect an employee from disciplinary action in cases where there is misconduct, beyond illegal drug use.
IX. RANDOM TESTING
A. Positions Designated for Random Drug Testing
The Executive Order requires random testing for employees in sensitive positions that have been identified as Testing Designated Positions. As further specified in Appendix A, the Secretary of Agriculture has determined that these positions are Testing Designated Positions that will be randomly tested. Accompanying the list of Testing Designated Positions is the justification used in designating such positions. It has been determined that all incumbents in these positions will be tested during the first year of the operation of this Plan and ten percent will be tested in future years.
B. Determining The Testing Designated Positions
Among the factors the Secretary of Agriculture has considered in determining a Testing Designated Position, is the extent to which USDA:
1. Considers its mission inconsistent with illegal drug use;
2. Is engaged in law enforcement;
3. Fosters public trust by preserving employees' reputations for integrity, honesty and responsibility;
4. Has national security responsibilities;
5. Has drug interdiction responsibilities; or
The extent to which the position considered:
1. Authorizes employees to carry firearms;
2. Gives employees access to sensitive information;
3. Authorizes employees to engage in law enforcement;
4. Requires employees, as a condition of employment, to obtain a security clearance;
5. Requires employees to engage in activities affecting public health or safety;
6. Requires employees to have access to drugs subject to abuse; or
7. Requires the highest degree of trust and confidence.
These positions are characterized by critical safety or security responsibilities as related to the mission of USDA. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life and property, law enforcement, or national security.
The Secretary reserves the right to add or delete positions determined to be Testing Designated Positions pursuant to the criteria established in the Executive Order and this Plan. Moreover, pursuant to 42 U.S.C. 290ee-1(C)(2), the Secretary has determined that all positions which have been or will be designated as Testing Designated Positions under this Plan are "sensitive positions," and are therefore exempted from coverage under 42 U.S.C. 290ee-1(C)(1) which provides, unless so exempted, that no person may be denied or deprived of Federal civilian employment or a Federal professional or other license or right solely on the basis of prior drug use.
C. Implementing Random Testing
In implementing the program of random testing the ECSP Manager will:
1. Ensure that information which would allow employees to anticipate the scheduling of tests remains confidential; and
2. Evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfy USDA's goal to achieve a drug-free work force.
D. Testing During the Probationary Period
The post-appointment probationary period (usually one year in length) is considered to be the last step of the examining process during which the suitability, qualifications and performance of the new applicant are being evaluated. It is important that employees using illegal drugs be screened out during this period.
New incumbents of Testing Designated Positions who are subject to a post-appointment probationary period (not supervisory probationary period) will be tested without notice at some point during that period. An employee in a Testing Designated Position testing positive will be terminated during the probationary period.
E. Notification of Selection
Individuals selected for random testing will be notified the same day the test is scheduled, preferably, within two hours of the scheduled testing. The employee will be told that he or she is under no suspicion of taking drugs and that their name was selected randomly.
F. Deferral of Testing
An employee selected for random drug testing may obtain a deferral of testing if the Director, SHMD and the employee's supervisor concur that a compelling need necessitates a deferral on the grounds that the employee is:
1. In a leave status (sick, annual, administrative or leave without pay);
2. In official travel status away from the test site or about to embark on official travel scheduled prior to testing notification; or
3. Unable to be released from the work site for other compelling reasons.
An employee whose random drug test is deferred will be subject to an unannounced test within the following 60 days.
G. Vacancy Announcements
Every vacancy announcement for a Testing Designated Position will state:
"Incumbents of this position will be required to submit to urinalysis to screen for illegal drug use on an ongoing basis after appointment, as directed."
Failure of the vacancy announcement to contain this notice will not preclude testing. Additional vacancy announcement requirements for applicant testing are listed in Section XI (C) of this Plan.
X. REASONABLE SUSPICION TESTING
A. Grounds
Reasonable suspicion testing may be required of any employee in a position which is designated for random testing when there is a reasonable suspicion that the employee uses illegal drugs whether on or off duty. Reasonable suspicion testing may also be required of any employee in any position when there is a reasonable suspicion of on-duty use or on-duty impairment.
Reasonable suspicion testing may be conducted for the drugs listed in Appendix B, or, with the approval of HHS, for any drug listed in Schedule I and II of the Controlled Substances Act as specified in the HHS Guidelines contained in Appendix C of this Plan. Testing may be based upon, among other things:
1. Observable phenomena, such as direct observation of drug use or possession and/or the physical symptom(s) of being under the influence of a drug.
2. A pattern of abnormal conduct or erratic behavior.
3. Arrest or conviction for a drug-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use, or trafficking.
4. Information provided either by reliable and credible sources or independently corroborated.
5. Newly discovered evidence that the employee has tampered with a previous drug test.
Although reasonable suspicion testing does not require certainty, mere "hunches" are not sufficient to meet this standard.
B. Procedures
If an employee is suspected of using illegal drugs, the appropriate supervisor or management official will gather all information, facts, and circumstances leading to and supporting this suspicion. Agency Personnel Officers may make the determination of reasonable suspicion in cases involving employees within their jurisdiction. This authority may be
re-delegated to Personnel Officers one level below the Agency Personnel Officer. Competent medical authorities may be consulted if necessary.
C. Obtaining the Sample
The employee may be required to provide the urine sample under observation in accordance with the criteria in Section XIII (B).
D. Documentation
When reasonable suspicion has been established, a written record will promptly be prepared showing the circumstances which formed the basis of the determination that reasonable suspicion exists to warrant the testing. The written report will include, at a minimum, the appropriate dates and times of reported drug related incidents, reliable/credible sources of information, rationale leading to the test, findings of the test, and the action taken.
Bargaining Unit employees have the right to involve their union representative in cases involving reasonable suspicion.
XI. APPLICANT TESTING
A. Objectives
To maintain the high professional standards of the USDA Work force, it is imperative that individuals who use illegal drugs be screened out during the initial employment process before they are placed on the employment rolls of USDA. This procedure will have a positive effect on reducing instances of illegal drug use by employees working within the USDA, and will provide for a safer work environment.
B. Extent of Testing
Drug testing will be required of individuals tentatively selected for employment with USDA in safety-related Testing Designated Positions, or movement within the service to a safety- related Testing Designated Position as indicated in Appendix A. Selections will be contingent upon receipt of a negative drug test result. Agency Heads may recommend to the Assistant Secretary for Administration applicant testing for other positions within their agency. With approval of the Assistant Secretary, additional groups may be covered by applicant testing.
C. Vacancy Announcements
Every vacancy announcement for a position designated for applicant testing will state:
"All applicants selected for this position will be required to submit to urinalysis to screen for illegal drug use prior to appointment."
In addition, the applicant will be notified that appointment to the position will be contingent upon a negative drug test result. Failure of the vacancy announcement to contain this notice will not preclude applicant testing if advance written notice is provided applicants in some other manner. Additional vacancy announcement requirements for all Testing Designated Positions are listed in Section IX (G) of this Plan.
D. Procedure
The Personnel Officer will direct applicants to an appropriate collection facility. The drug test must be undertaken as soon after notification as possible, and no later than 48 hours after notice to the applicant. Where appropriate, applicants may be reimbursed for reasonable travel expenses. No applicant, subject to applicant testing, who refuses to be tested shall be extended an offer of employment. Attempts to alter or substitute the specimen provided will be deemed a refusal to take the drug test when required. When being tested, applicants will be advised of:
1. The opportunity to submit medical documentation that may support a legitimate use of a specific drug; and
2. That such information will be reviewed only by the MRO to determine whether the individual is licitly using an otherwise illegal drug.
E. Personnel Officials
Upon notification that an individual has been tentatively selected for employment or movement within the service to a position subject to applicant testing, the servicing personnel officer shall assure, after consultation with the MRO, that a drug test has been conducted on that individual and determine whether the test result is a verified positive result.
F. Consequences
Agencies 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 USDA for a period of six months. Agencies will inform applicants that a confirmed presence of an illegal drug in the applicant's urine precludes the Department from hiring the applicant.
In cases involving hiring from a certificate of eligible, the Personnel Officer shall object to the applicant on the basis of failure to meet physical requirements, a lack of personal characteristics necessary for public employment, or failure to support the goals of USDA.
A. Injury, Illness, Unsafe or Unhealthful Practice Testing
USDA 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 the following criteria:
1. The accident results in a death or personal injury requiring immediate hospitalization; or
3. The accident results in damage to government or private property estimated to be in excess of $10,000.
Certain drugs stay in a persons system for a limited time. Therefore, all tests must be completed within 32 hours of the accident. If this is not done, documentation as to why the test was not accomplished will be provided to the Department's Employee Counseling Services Program Manager.
If an employee is suspected of having caused or contributed to an accident meeting the above criteria, the appropriate supervisor will present the facts and circumstances leading to and supporting this suspicion to the Agency Personnel Officer or delegated Personnel Officer for approval. Once approval has been obtained and arrangements made for testing, the supervisor will prepare a written report detailing the facts and circumstances that warranted the testing.
B. Voluntary Testing
In order to demonstrate their commitment to the USDA 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 ADTL or the ECSP Manager. These employees will then be included in a pool of employees subject to random testing, and will be subject to the conditions and procedures of this plan, including the provisions of Section VIII.
Volunteers will remain in the pool for the duration of the position which the employee holds, or until the employee withdraws from participation by notifying the ADTL or the ECSP Manager of such intent at least 48 hours prior to a scheduled test. The frequency of testing of volunteers will be established after employees have been given the opportunity to volunteer and the number of volunteers has been determined.
C. Follow-up Testing
All employees referred by administrative officials to a counseling or rehabilitation program for illegal drug use through the ECSP as a result of having previously been found to be illegally using drugs will be subject to unannounced testing for a period of at least two years following completion of such a program. During that period, the employee will be tested at least three times. Such testing is distinct from testing which may be imposed as an component of the ECSP.
A. Technical Guidelines for Drug Testing
USDA will adhere to HHS Scientific and Technical Guidelines for Drug Testing Programs contained in Appendix C of this Plan. As provided in the HHS Guidelines, the USDA drug testing program will have trained collection personnel, a laboratory certification program, rigorous analytical standards and quality assurance requirements for urinalysis procedures, and strict confidentiality requirements.
B. Privacy Assured
Any individual subject to testing under this Plan, will be permitted to provide urine specimens in private, and in a rest room stall or similar enclosure so that the employee is not observed while providing the sample. Collection site personnel, however, may observe the individual provide the urine specimen when there is reasonable, articulable, and individualized suspicion that the employee may tamper with the specimen to be provided and when directed to do so by the ECSP Manager. In all such cases, the collection site personnel must be of the same sex as the individual providing the sample.
Collection site personnel or the ECSP Manager may have reason to believe that a particular individual may alter or substitute the specimen to be provided when:
1. Facts and circumstances suggest that the individual has equipment or implements capable of tampering with, or altering urine samples; or
2. The individual has previously tampered with a sample.
In cases of observation, the reasons therefore must be documented by the sample collector or the ECSP Manager and submitted to the MRO. Submission of the documentation will normally be done after observation has been ordered.
C. Failure to Appear for Testing
Failure to appear for testing without a deferral will be considered refusal to participate in testing, and will subject an employee to a proposal for removal from the service, and an applicant to the cancellation of an offer of employment. If an individual fails to appear at the collection site at the assigned time, the collector shall contact the ECSP Manager to obtain guidance on action to be taken.
D. Opportunity to Justify a Positive Test Result
Many employees, especially handicapped employees, may properly be taking prescribed medications. Therefore, when a confirmed positive result has been returned by the laboratory, the MRO shall perform the duties set forth in the HHS Guidelines. For example, the MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. The MRO must review all medical records made available by the tested employee when a confirmed positive test could have resulted from legally prescribed medication. To justify a positive result, the employee may provide any information which may include but is not limited to:
1. Evidence of a legally prescribed medication for the employee; or
2. Verification from the individual's physician that a medication has been prescribed for the employee.
The employee should be allowed a reasonable amount of official time to obtain supplemental medical documentation to support the legitimate use of a specific drug. The MRO has the discretion to accept evidence in any manner deemed most efficient or necessary.
If the MRO determines that there is no justification for the positive result, such result will then be considered a verified positive test result. Consistent with Sections VIII and XIV, the MRO will immediately contact the ECSP Manager upon obtaining a verified positive test result.
E. Employee Counseling Services Program
Employees with verified positive test results will be referred to the ECSP. While participating in a counseling or rehabilitation program, and at the request of the ECSP Manager, the employee may be exempted from the Testing Designated Position pool for a period not to exceed 60 days, or for a time period specified in an abeyance contract or rehabilitation plan approved by the agency. Upon completion of the program, the employee immediately shall be subject to follow-up testing pursuant to Section XII(C).
F. Second Sample Testing
Employees being tested may elect to have a second sample collected at the same time as the USDA sample and have it analyzed by an HHS accredited laboratory of their choice in accordance with the procedures specified herein. Employees who exercise this right will have an opportunity to speak with the Medical Review Officer who will arrange for the analysis of the second specimen.
G. Relationship to HHS Guidelines
To the extent that any of the procedures specified in this section are inconsistent with any of those specified in the Scientific and Technical Guidelines promulgated by HHS or any subsequent amendment thereto, such HHS Guidelines or amendment shall supersede the procedures specified in this section, but only to the extent of the inconsistency. Every attempt will be made to reflect such changes in this section as soon as possible.
XIV. RECORDS AND REPORTS
A. Confidentiality of Test Results
Information regarding confirmed laboratory results will be tightly controlled. 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. 552a et seq., and Section 503(e) of the Act, and may not be released in violation of either Act. The MRO may maintain only those records necessary for compliance with this Plan. 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.
Verified positive test results will be sent by the MRO to the ECSP Manager for appropriate action in accordance with Section VIII. Also, in order to comply with Section 503(e) of the Act, the results of a drug test of a USDA employee may not be disclosed without the prior written consent of such employee, unless the disclosure would be:
1. To the MRO; or
2. To the Manager of ECSP in which the employee is receiving counseling or treatment or is otherwise participating; or
3. To any supervisory, administrative, or management official having authority to take 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 against any adverse personnel action.
For purpose of this section, "management official" includes any management or government official whose duties necessitate review of the test results in order to process adverse personnel action against the employee. In addition, test results with all
identifying information removed shall also be made available to USDA personnel, including the ECSP Manager for data collection and other activities necessary to comply with Section 503(f) of the Act.
B. Employee Access to Records
Any employee subject to drug testing will, upon request, have access to any available record relating to:
1. Such employee's drug test; and
2. The results of any relevant certification, review, or revocation proceedings of drug testing laboratories.
C. Confidentiality of Records in General
Drug testing information specifically relating to individuals is confidential and will be treated as such by anyone authorized to review or compile program records. In order to efficiently implement this Plan and to make information readily retrievable, the ECSP Manager will maintain all records in locked, secure locations including those records relating to reasonable suspicion testing, evidence of tampering with a drug test and any other authorized documentation.
All records and information of the personnel actions taken on employees with verified positive test results will be maintained by the Department or agency Employee Relations Officers. Such records will remain confidential, locked in a secure location with only authorized individuals who have a "need-to-know" having access to them. Summaries of this information will be used by the ECSP Manager for reporting purposes.
D. Employee Counseling Services Program Records
The ECSP Manager will maintain only those records necessary to comply with the Executive Order. After an employee is referred to ECSP, the ECSP will maintain all records necessary to carry out its duties. All medical and/or rehabilitation records concerning the employee's drug abuse, including ECSP 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 employee may authorize the disclosure of those records for verification of treatment or for a general evaluation of treatment progress. (42 CFR 2.l et. seq. (1986), revised regulations promulgated at 52 F.R. 21796, June 9, 1987).
E. Maintenance of Records
USDA will establish or amend its record keeping system to maintain the records of the USDA Drug-Free Workplace Program consistent with the USDA 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 and Section 503 of the Act. Records must be maintained as required by subsequent administrative or judicial proceedings, and may be supplemented at the discretion of the Secretary of Agriculture. The record keeping system should capture sufficient documents to meet the operational and statistical needs of this Plan, and include at a minimum:
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. Statistical reports; and
4. Other documents the MRO, Technical Review Panel or ECSP Manager deem necessary for efficient compliance with this Plan.
F. Records Maintained By Government Contractors
Any contractor hired to satisfy any part of this Plan will be required to comply with the confidentiality requirements of this Plan, and all applicable Federal laws, rules, regulations and guidelines.
G. Statistical Information
The ECSP Manager will collect and compile anonymous statistical data for reporting the number of:
1. Random tests, reasonable suspicion tests, injury, illness, unsafe or unhealthful practice tests, follow-up tests, and applicant tests administered;
2. Verified positive test results;
3. Voluntary drug counseling referrals;
4. Involuntary drug counseling referrals;
5. Terminations and denial of employment offers resulting from refusal to submit to testing;
6. Terminations and denial of employment resulting from alteration of specimens;
7. Terminations resulting from failure to complete a drug abuse counseling program; and
8. Employees who successfully complete ECSP.
This data along with other pertinent information shall be compiled for inclusion in USDA's annual report to Congress required by Section 503(f) of the Act. This data shall also be provided to HHS on a semi-annual basis to assist in overall program evaluation and to determine whether changes to the HHS Guidelines may be required.
1. TITLE/SERIES
Agency Heads (Not subject to applicant testing)
Incumbents serve as the top cadre of management personnel of USDA in both career and non-career positions. They manage and supervise agencies of the Department, participate at the highest levels in policy formulation and direction, and make extremely complex and sensitive decisions requiring a high degree of public trust and confidence.
Drug usage could result in actions and decisions which could lead to a failure to implement laws and program delivery which could negatively impact the protection of life and property or public health and safety or lead to the waste of public funds. This could lead to a loss of trust and confidence in USDA and the American Government by the public and foreign governments.
2. TITLE/SERIES
Aircraft Mechanic (GS-1670, WG-8852 or any other occupational series in which the incumbent may perform the duties described below) (Subject to applicant testing)
Incumbents are involved in the overhaul, installation, maintenance, modification, test and/or repair of aircraft systems, electronic equipment, instrumentation, flight control and survival equipment. These duties require keen sensory perception and neuromuscular coordination. Incumbents must exercise sound judgment to ensure aircraft safety and operation.
Drug usage could result in loss of life, injury or destruction of property. For example, if an aircraft mechanic failed to properly conduct pre-flight inspections, mechanical failure could result and cause a crash endangering the pilot, passengers, and other personnel on the ground and in the surrounding airspace.
3. TITLE/SERIES
Aircraft Operator (AD-404, GS-486, GS-2181, GM-2150 or any other occupational series in which the incumbent may perform the duties described below) (Subject to applicant testing)
Incumbents are required to operate aircraft used in agricultural programs for such purposes as crop spraying, fire fighting, insect control, animal damage control, and aerial surveillance and photography. Aircraft operators make critical judgments which are substantially more demanding than what would be required of operators of aircraft carrying only passengers. Flying in agricultural situations usually requires operating in and out of less developed airfields, over rural and mountainous terrain, and at low altitudes necessitating acute awareness and instantaneous decision making.
Drug usage produces diminished mental and neuromuscular coordination which could lead to the inability to properly operate the aircraft. Inability to properly operate aircraft could in turn result in the loss of life and damage to, or destruction of property. Drug usage could endanger the aircraft operator, as well as all other passengers and pilots in the airspace and personnel on the ground.
4. TITLE/SERIES
Boat Operator (WG-5723 or any other occupational series in which the incumbent may perform the duties described below) (Subject to applicant testing)
Incumbents are required to operate vessels which average approximately 30 feet in length. The vessels are used to move people, supplies and equipment including high level state and Federal officials. Vehicles must be operated in a safe manner in order not to endanger lives or to risk loss of property.
Drug usage diminishes the mental and neuromuscular capacity necessary to operate vessels of this size. This, in turn, leads to the operator's inability to properly control the vessel leading to a possible loss of life, personal injury, or destruction of property.
5. TITLE/SERIES
Criminal Investigator (Subject to applicant testing)
GS-1811
Incumbents perform, advise on and administer investigations concerning suspected violations of Federal statutes and regulations. Close coordination must be maintained with U.S. Attorneys, military security and local, state and Federal law enforcement officials. Incumbents interrogate witnesses and suspects, serve subpoenas, testify before grand juries, administer oaths, and conduct searches for physical and documentary evidence.
Some incumbents carry and use firearms in the performance of their duties. The conduct of these duties requires the highest level of personal integrity and credibility since it involves investigating and charging others who are accused of wrongdoing or violation of the law. These duties also require extensive exercise of sound personal judgment.
Drug usage could result in loss of life or injury and improper adjudication of criminal or administrative actions. For example, if criminal investigators fail to obtain key data, ascertain witness veracity, follow legal procedures, or execute rules of evidence properly, sensitive and costly investigations could be compromised. Additionally, improper or unauthorized use of weapons could result in a loss of life. The high level of personal integrity required of criminal investigators is inconsistent with the use of illegal drugs.
6. TITLE/SERIES
Departmental Medical Director (Subject to applicant testing)
GS-602
The incumbent, as the Chief Medical Officer of the Department, is responsible for a variety of functions including operation of the Health Units, dispersing medications, and emergency treatment of patients. The incumbent must recognize patients' adverse signs and symptoms and react swiftly. This includes taking resuscitative measures in case of cardiac or respiratory arrest. These duties require keen sensory perception, judgment, and neuromuscular coordination.
Drug usage could result in the loss of the patients' life or injury to the patient. Additionally, the incumbent's access to medication and participation in assessing the drug usage of USDA employees requires the utmost personal integrity. Improper or illegal drug usage is not consistent with these responsibilities.
7. TITLE/SERIES
Drug-Free Workplace Program Personnel (Not subject to applicant testing)
Chief, Safety and Health Management Division
Employee Counseling Service Program Manager and staff
Technical Review Panel Members
Medical Review Officer
Agency Drug Testing Liaison
Counselors to drug abusers
Incumbents in these positions are directly involved in the administration and day-to-day operation of the Drug-Free Workplace Program. As such they are in positions having access to sensitive employee and drug testing program information.
Drug usage by the incumbents could result in incorrect decisions, embarrassment to USDA, or the release of information which could undermine the program. Therefore, the incumbents have a responsibility to demonstrate the absence of use of illegal drugs to maintain the credibility and employee confidence in the program.
8. TITLE/SERIES
Employees authorized to carry firearms (Subject to applicant testing)
Incumbents preserve and protect government employees and property. They also are authorized to carry firearms for self protection in remote locations such as in the U.S. Forests.
Illegal drug use calls to doubt the integrity and credibility of the employee and their ability to perform their duties of protecting persons, property or themselves. Drug usage produces diminished mental and neuromuscular capacity. This could lead to life-threatening lapses in judgment or ability.
9. TITLE/SERIES
Employees directly involved in drug-interdiction duties. (Subject to applicant testing)
Incumbents are involved in: (1) detecting cannabis cultivation activity occurring on National Forest lands; (2) investigating cannabis and other controlled substance violations; (3) apprehending and prosecuting offenders; (4) eradicating cannabis plants and cultivating sites; and (5) cooperating with other Federal, State and local law enforcement agencies in controlled substance investigations where there is a mutual interest.
Illegal drug use could have serious effects on the agency's interdiction responsibilities. A drug user`s indifference to the agency's basic responsibility and mission or activity complicity with malefactors can facilitate illicit drug activity on National Forest lands. The employee may suffer from impaired perception and judgment leading to possible loss of life, personal injury, or destruction of property.
10. TITLE/SERIES
Employees with Top Secret Security Clearances (Not subject to applicant testing)
Incumbents have access to national security information with Top Secret classification, serve in sensitive Foreign Service or overseas positions which require a Top Secret security clearance, or are involved in duties demanding the highest degree of public trust.
Drug usage could result in inability to properly perform the duties of their positions, indiscretions while under the influence of drugs, or susceptibility to financial considerations which could cause an incumbent to be susceptible to releasing the classified information or otherwise compromising national security for personal gain.
11. TITLE/SERIES
Employees stationed at Plum Island Animal Disease Center with special access to the biocontainment laboratories. (Subject to applicant testing)
Incumbents with special access to the biocontainment laboratories either work within the confines of the biocontainment laboratories, or have frequent access to the biocontainment laboratories, although their primary work site may be in other buildings. This special access authorizes the incumbents move freely without supervision or escort throughout the entire biocontainment facility (approximately 250,000 sq. ft. of Laboratory/Mechanical space and Animal Rooms), which allows them access to dangerous and exotic disease agents which pose a high individual risk of life-threatening disease. United States law mandates that certain etiologic microorganisms which are foreign to the United States may be studied only at the Plum Island Animal Disease Center. The microorganisms included exhibit varying degrees of pathogenicity/infectivity for man (in some cases unknown). The risk of extensive damage to the United States livestock industry by exposure to these disease agents is extremely high.
Drug use could result in accidental or deliberate violation of biological safety regulations and procedures which could be potentially disastrous to human safety and economic welfare of the United States.
12. TITLE/SERIES
Fire Protection and Prevention Personnel (Subject to applicant testing)
GS-081
Incumbents are responsible for performing work in controlling and extinguishing fires and rescuing persons endangered by fire. Hazards encountered may involve burns and other effects of heat, smoke inhalation, falling materials, explosion, and exposure to toxic materials. Incumbents must be prepared to deal with fire victims in varying states of fright and panic. Also, they may be required to operate or ride on fire trucks at high speed under adverse conditions. These duties require keen sensory perception and neuromuscular coordination.
Drug usage could result in loss of life or injury and damage to, or destruction of property. Use of illegal drugs by a fire fighter could endanger fire victims, employees in the fire vicinity, other fire fighters, and all property threatened by fire.
13. TITLE/SERIES
Guard (Subject to applicant testing)
GS-085
Incumbents preserve and protect government employees and property. They must maintain a high standard of conduct at all times, must be mentally alert and aware of their surroundings, and be ready to act to provide protective measures at any time. A high level of integrity and credibility are necessary in discharging the duties of the position. Incumbents are expected to remain calm under pressure, think rationally, and respond intelligently, despite adverse circumstances, and deal effectively in interpersonal confrontations. They often carry firearms in the line of duty.
Illegal drug use calls to doubt the integrity and credibility of the employee and their ability to perform their duties of protecting persons and property. Drug usage produces diminished mental and neuromuscular capacity. This could lead to life- threatening lapses in judgment or ability. For example, if a guard failed to exercise sound observation powers and judgment and used a weapon improperly, needless injury or death could result.
14. TITLE/SERIES
Job Corps Center Staff (Includes any occupational series in
which the incumbent may perform the duties described
below) (Subject to applicant testing)
Each Center staff member see students every day, and each staff member is responsible for the safety of every student, including administering CPR and/or first aid whenever needed. Also, each staff member is required to possess a valid driver's license to transport students in cases of emergency, to and from work sites, etc.
Drug usage by Center staff members could result in the loss of students' lives or injury to the students. Also, all Center staff personnel are responsible for administering the Zero Tolerance for Drug Policy. Improper or illegal drug use is inconsistent with assisting others in becoming and remaining drug-free.
15. TITLE/SERIES
Motor Vehicle Operator Include only operators of passenger carrying vehicles (Subject to applicant testing)
WG-5703
Incumbents operate motor vehicles such a buses, trucks, passenger vans, and other passenger carrying vehicles as their predominant duty and responsibility. The vehicles are used to move people and equipment including providing chauffeur services to high level officials. Vehicles must be operated in a safe manner to avoid endangering lives of the public or passengers, or risking the loss of property.
Drug usage produces diminished mental and neuromuscular capacity. This could in turn lead to the operators inability to properly control the vehicle, leading to the possible loss of life, personal injury, or destruction of property. For example, if the driver of a passenger carrying shuttle failed to notice a traffic light, death or serious injury could result to USDA employees and the general public. The use of illegal drugs is therefore inconsistent with the responsibility of safe vehicle operation.
16. TITLE/SERIES
Nurse (GS-610), Practical (Vocational) Nurse (GS-620), Health Technician (GS-699), Nursing Assistant (GS-621) Excluding those positions not having responsibility for patient care, drug testing or access to controlled substances (Subject to applicant testing)
Incumbents provide care to people with injuries and illnesses, administer injections, and must be able to recognize patients' adverse signs and symptoms to be able to react swiftly in emergency situations. This includes taking resuscitative measures in case of cardiac or respiratory arrest when a physician is not present or immediately available. They must be able to provide emergency treatment to accident victims. These duties require keen sensory perception and neuromuscular coordination.
Drug usage could result in the loss of patients' lives or injury to the patient. Additionally, the incumbents' access to medication requires the utmost personal integrity on their part concerning drug usage.
17. TITLE/SERIES
Other Personnel With Access to Controlled Substances (Not subject to applicant testing)
Incumbents have access to controlled substances. As a result, incumbents must maintain the highest level of personal integrity in order that full confidence can be placed in the integrity of the agency.
Drug abuse could result in diminished mental capacity, or personal use of the controlled substance to which incumbents have access. Additionally, incumbents who are drug users are highly vulnerable to extortion, which could result in the unauthorized release of these substances.
18. TITLE/SERIES
Presidential Appointees (Not subject to applicant testing)
A list of position titles subject to testing pursuant to this Plan can be found on Schedule 1 which is maintained by the ECSP Manager.
These are individuals appointed by the President with the advice and consent of the Senate. They serve the American public in the highest levels of the Department in positions such as Secretary of Agriculture, Deputy Secretary of Agriculture, Assistant and Under Secretaries and agency Heads. They participate with the President and the Congress in developing public policy in the many areas within the scope of USDA, make the most complex and sensitive decisions, and require the highest degree of public trust and confidence.
Drug usage could result in loss of trust and confidence by the American public and governments throughout the world. In addition, drug usage by incumbents in these positions will have a direct and negative affect on USDA and the American Government, national security, and the efficiency, effectiveness and cost of USDA programs.
19. TITLE/SERIES
Special-Sensitive Positions (Not subject to applicant testing)
Incumbents of these positions are designated as such under criteria of the Federal Personnel Manual Chapters 731 and 732. Individuals serve in positions of the highest level of sensitivity with the potential for greatest degree of damage to the national security. Most occupants of these positions require access to Top Secret national security information in accordance with E.O. 10450, or access to sensitive compartmented information under authority of Director of Central Intelligence Directive No. 1/14. These positions also include any ADP-Computer position that meets the above criteria or is determined by the head of a USDA agency to impose a risk in terms of ADP-Computer security above that at the critical-sensitive level.
Incumbents are in positions that have potential for inestimable impact involving duties especially critical to the agency mission. They have broad scope and authority (e.g. overall direction of a major Federal program) or other extremely important responsibilities which affect the overall efficiency of the service.
Drug usage could result in inability to properly perform the duties of their positions or indiscretions while under the influence of drugs. Drug usage could cause incumbents to be subject to increased financial need which may cause them to be susceptible to compromising national security information or otherwise compromising national security for personal use.
20. TITLE
Employees Required to have a Commercial Drivers License (CDL) (Subject to applicant drug testing - not applicant alcohol testing)
As required by the Department of Transportation (DOT) Regulations (49 CFR et al.), all applicants for and employees of positions in which they are required to have a CDL to perform their duties are subject to random alcohol and drug testing.
See DOT Regulation 49 CFR et. al. for justification.
The following drugs or categories of drugs constitute the basis of the USDA drug testing program, and will be tested for in each sample:
1. Marijuana
2. Cocaine
3. Opiates
4. Amphetamines
5. Phencyclidine (PCP)
In the event of reasonable suspicion testing, employees may be tested for any drug listed in Schedule I and II of the Controlled Substances Act upon application to, and approval of HHS.
(Available in the June 9, 1994 Federal Register, Vol. 59, No. 110) or by contacting the ECSP Manager (202-720-9010), e-mail Carol.Pape@USDA.GOV
A. General Duties
Under the supervision of the Director, SHMD, USDA and its component agencies will have Employee Counseling Services Programs (ECSP) which comply with all laws, rules and regulations including 5 CFR Part 792 as well as the Executive Order 12564. The ECSP counselors providing assessments, short-term counseling, and referral services will not be involved in sample collection or the initial reporting of test results. Specifically, with regard to the Drug-Free Workplace Program, the ECSP will:
1. Provide counseling and assistance to employees who refer themselves for treatment, whose drug tests have been confirmed positive, or who have been identified as users of illegal drugs through other means, and monitor the employee's progress through treatment and rehabilitation;
2. Provide needed education and training to all levels of USDA on types and effects of drugs, symptoms of drug use and its impact on performance and conduct, relationship of the ECSP with the drug testing program, and related treatment, rehabilitation, and confidentiality issues;
3. Ensure that confidentiality of test results and related medical treatment and rehabilitation records under its control are maintained in accordance with applicable laws and regulations.
B. Employee Counseling Services Program Counselors
The ECSP will be managed by the ECSP Manager, and will be handled in USDA component agencies by the Employee Counseling Services Program Coordinators. The actual counseling will be provided by qualified Counselors who will:
1. Serve as the initial point of contact for employees who ask or are referred for counseling;
2. Be familiar with all applicable laws and regulations, including drug treatment and rehabilitation, and insurance coverage available to employees through the Federal Employee Health Benefits Program;
3. Be qualified by the ECSP Manager, and be trained in counseling employees in the occupational setting, and identifying drug use;
4. Document and sign the treatment plan prescribed for each employee referred for treatment, after obtaining the employee's signature on the treatment plan;
5. Make referrals for rehabilitation, considering the:
a. Nature and severity of the problem;
b. Location of the treatment;
c. Cost of the treatment;
d. Intensity of the treatment environment;
e. Availability of inpatient/outpatient care;
f. Other special needs, such as transportation and child care; and
g. The preferences of the employee.
6. Maintain a list of rehabilitation or treatment organizations which provide counseling and rehabilitation programs, and include the following information on each organization:
a. Name, address, and phone number;
b. Types of services provided;
c. Hours of operation, including emergency hours;
d. The contact person's name and phone number;
e. Fee structure, including insurance coverage;
f. Client specialization; and
g. Other pertinent information.
7. When appropriate, visit rehabilitation or treatment organizations to meet administrative and staff members, tour the site, and ascertain the experience, certifications and educational level of staff, and the organization's policy concerning progress reports on clients and post-treatment follow-up.
8. Provide information, when requested to the ECSP Manager or Coordinator; the Director, Employee Relations Staff, HRM; or agency Employee Relations Officers on the progress of employees referred for drug abuse. Information provided will include:
a. Verification that the employee is still actively participating in ECSP;
b. The general prognosis as to likely outcome of counseling and rehabilitation;
c. That treatment is completed, and that the employee is ready to return to duty.
The Department of Agriculture (USDA) hereby adopts the following amendments to the USDA Plan for a Drug-Free Workplace:
a. The following language is adopted as a free standing paragraph at the end of Section I.B. Statement of Policy:
It is USDA's policy that its workplace be free from the illegal use, possession,m or distribution of controlled substances, (as specified in Schedules I through V, as defined in 21 U.S.C. 802(6) and listed in Part B, Subchapter 13 of that Title) by the officers and employees of USDA. The possession of controlled substances and the possession and distribution of controlled substances will be dealt with promptly in accordance with legal and administrative disciplinary procedures. However, the policy's primary goal is to ensure that illegal drug use is eliminated and that the USDA workplace be safe, healthful, productive, and secure.
b. In any references to grounds for "reasonable suspicion testing," the term "trafficking" shall also mean "distribution".
c. In addition to all grounds contained in this plan, there shall be grounds for reasonable suspicion testing of any employee if the employee is the focus of a criminal investigation into the illegal use, possession, or distribution of controlled substances.
d. The following is added to Section H. References of the plan:
(i) Authority: Section 622 of the Treasury, Postal Service, and General Government Appropriations Act of 1990, Pub. L. 101-136.
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mailto:carol.pape@usda.gov