Date: January 12, 2000

Sunset Review: January 12, 2004

SUBJECT: Drug-Free Federal Workplace
 

1.    DELEGATION. This directive delegates to the Director, Office of Personnel Policy, the authority to act and make final decisions to implement Executive Order (E.O.) 12564, "Drug-Free Federal Workplace." The Secretary's authority has been delegated to the Assistant Secretary for Management and Chief Financial Officer by Treasury Order (TO) 102-09. The Director, Office of Personnel Policy, shall act, in all matters within this delegation, under the general supervision of the Assistant Secretary for Management and Chief Financial Officer.

2.    REDELEGATION. The Director, Office of Personnel Policy, may redelegate to officials in the Department as much of the authority described herein as the Director deems appropriate.

3.    SCOPE. This directive applies to the bureaus, the Office of Inspector General, and the Treasury Inspector General for Tax Administration (TIGTA).

4.    POLICY. It is the policy of the Department of the Treasury to support the President's goal of a safe and drug-free workplace for all Treasury employees and the American public. Persons who use illegal drugs are not suitable for employment with the Department of the Treasury, and Treasury employees are required to refrain from the use of illegal drugs.

Employees who are identified as using illegal drugs shall be referred to an Employee Assistance Program for assessment, counseling, and referral for treatment or rehabilitation. In addition, such employees shall be subject to any appropriate personnel actions, including disciplinary action up to and including removal.

5.    POLICY BASIS. The Department of the Treasury is concerned with the well being of its employees, the successful accomplishment of its mission, and the need to maintain employee productivity. The use of certain drugs is in itself illegal. The use of illegal drugs by employees impairs the efficiency of the Department and undermines public confidence. The use of illegal drugs by employees also can pose a serious health and safety threat to members of the public and to other employees. In particular, the use of illegal drugs by employees with access to sensitive information or involvement in public safety or law enforcement evidences less than complete reliability, stability, and good judgment. It creates the possibility of coercion, influence, and irresponsible action under pressure that may pose a risk to national security, the public safety, and the effective enforcement of the law.

6.    RESPONSIBILITIES. Heads of Bureaus, the Inspector General, and the Treasury Inspector General for Tax Administration, as it relates to their respective bureaus and offices, shall maintain a plan to achieve a drug-free workplace in accordance with E.O. 12564, and consistent with the Office of Personnel Management implementation guidelines, and Department of Health and Human Services scientific and technical guidelines;

7.    BUREAU PLANS. Each plan shall include:

    a.    Employee Assistance Programs (EAPs), with high level direction, emphasizing education, counseling, referral to rehabilitation, and coordination with available community resources;

    b.    supervisory training to assist in identifying and addressing illegal drug use by employees;

    c.    provisions for self-referral as well as supervisory referrals to counseling or treatment;

    d.    identification of the positions that are subject to random drug testing and the criteria upon which such a determination was based;

    e.    a statement of the procedures for testing for illegal drug use; and

    f.    provisions to assure that its programs provide maximum respect for individual confidentiality consistent with safety and security requirements.

8.    COST. The costs of drug-testing and other programs shall be charged to bureaus' existing budgetary resources.

9.    CANCELLATION. Treasury Directive 61-10, "Drug-Free Federal Workplace", dated September 23, 1992, is superseded.

10.    AUTHORITY. E.O. 12564, "Drug-Free Federal Workplace," dated September 14, 1986.

11.    REFERENCES.

    a.    5 USC 7904

    b.    5 CFR Part 792

    c.    Department of Health and Human Services, "Mandatory Guidelines for Federal Workplace Drug Testing Programs," 59 Fed. Reg. 29,908 (June 9, 1994), as amended, or subsequent guidance on drug-testing procedures.

    d.    TO 102-09, "Delegation of Authority to Implement Executive Order 12564, 'Drug-Free Federal Workplace'".

12.    OFFICE OF PRIMARY INTEREST. Office of Personnel Policy