Background
The Federal Drug-Free Workplace Program was initiated
by
Executive Order 12564 (Drug-Free
Federal Workplace, 1986) which
established the goal of a Drug-Free Federal Workplace and made it a condition
of employment for all Federal employees to refrain from using illegal drugs on
or off-duty. The following year, Congress passed legislation (Pub. L. 100-71)
designed to establish uniformity among Federal agencies' drug testing plans,
reliable and accurate drug testing, employee access to drug testing records,
confidentiality of drug test results, and centralized oversight of the drug
testing program.
Federal agencies were provided with the
Model Plan for a Comprehensive
Drug-Free Workplace Program, which
mandated the components and other key features of Federal agency plans, and the
Mandatory Guidelines for Federal Workplace Drug Testing Programs,
which addressed the scientific and technical guidelines to be used by agencies
and their laboratories in the drug testing of Federal employees.
Certification and Oversight
Certification and oversight of Federal agency plans
is accomplished under a delegation of authority by an Interagency Coordinating
Group Executive Committee, convened by the Office of National Drug Control
Policy and staffed by the Division of Workplace Programs. The Executive
Committee consists of representatives of:
The Division of Workplace Programs, which coordinates
policy oversight, facilitates the certification and review of agency plans,
convenes the
Drug Testing Advisory Board to
oversee scientific and technical issues involving drug testing, issues program
guidance, and maintains the currency of the Mandatory Guidelines;
The Department of Justice, Civil Division, which
designates an attorney to serve as the legal advisor and special counsel to the
Federal Program; and
The
Office of Personnel Management,
which provides policy guidance to agencies on all
personnel issues.
Interagency Coordinating Group
The Interagency Coordinating Group (ICG) consists of
the Drug Program Coordinators from all Federal agencies. This group convenes
periodically to receive status reports, consider emerging issues and problems,
and exchange information and experiences.
Plan Review Certification
New or newly independent agencies subject to
Executive Order 12564 use the Model Plan for a Comprehensive Drug-Free
Workplace Program to develop their Drug-Free Workplace plans. These plans are
submitted to the Division of Workplace Programs, which coordinates separate
reviews by the Departments of Health and Human Services and Justice and the
Office of Personnel Management. The Division then:
-
Consolidates review results
-
Negotiates changes with the agency
-
Manages the process of certifying the acceptability
and compliance of agency plans by the Secretary, Department of Health and Human
Services in the form of a Report to Congress
Modification
Agencies with certified plans periodically determine
that changes are needed in their Drug-Free Workplace plans. Substantive changes
in the plan and changes in the positions designated for random testing require
advance consultation and approval by the Interagency Coordinating Group
Executive Committee. Agencies submit:
-
Statement describing and justifying the proposed
change(s)
-
Job descriptions or summary of duties performed by
positions being recommended for inclusion in or removal from the random testing
pool
Ongoing Review
Ongoing oversight of agency Drug-Free Workplace
programs is accomplished through periodic agency self-audits and reviews by the
Division of Workplace Programs of current agency plans and lists of positions
designated for random testing.