Several legislative initiatives have shaped guidance and implementation of Employee Assistance Programs in the Federal Government. The Office of Personnel Management is charged through these legislative initiatives to provide overall guidance to Federal agencies, creating baseline expectations for agency programs and helping agencies implement those programs as effectively as possible.
Guide to Administering Employee Assistance Programs
The Employee Health Services Handbook's Chapter on Administering Employee Assistance Programs, written in collaboration with the Department of Heatlh & Human Services, offers policy guidance to assist agency management and program administrators in implementing successful Employee Assistance Programs.
Agency Responsibilities
The U.S. Office of Personnel Management (OPM) provides policy guidance and technical assistance to agencies in establishing and improving EAPs. In the development and implementation of EAPs, OPM works closely with the Department of Health and Human Services.
The Department of Health and Human Services' (HHS) Federal Occupational Health (FOH) provides professional consultation and technical assistance to agencies in the development and oversight of EAP programs and delivers comprehensive EAP services to agencies through interagency agreements. Federal professionals monitor and evaluate the delivery of program services and provide quality assurance that employee and agency needs are being met. HHS' Substance Abuse and Mental Health Services Administration (SAMHSA) provides assistance to agencies on facilitating and extending programs for the prevention of drug abuse and for the treatment and rehabilitation of drug abusers. In terms of the Drug-Free Federal Workplace Program, SAMHSA is responsible for enforcing the Mandatory Guidelines on Drug Testing and coordinating the review of agency drug plans under E.O. 12564. SAMHSA also provides technical assistance to Federal agencies on drug testing, medical review, laboratory certification, and overall drug program implementation. SAMHSA compiles the Semi-Annual Report on Drug Testing.
Individual Federal Agencies Responsibilities
- Developing agency policy on EAP goals and training
- Providing top management support and endorsement for EAPs
- Determining the extent of services to be provided through the EAP and the methods for providing them
- Negotiating or consulting with unions, as appropriate, on the provision of EAP services to bargaining unit employees
- Publicizing the EAP through internal memos, newsletters, posters, etc.
- Encouraging employee utilization of the EAP by making these services convenient and available to employees
EAP Legislation, Regulations, & Executive Orders
Title 5 U.S.C. 7901, Public Law 79-658 enables each agency to establish a health service program to promote and maintain the physical and mental fitness of employees.
Counseling programs for Federal civilian employees who have substance abuse problems are required by:
- Sec. 201 of Public Law 91-616, 84 Stat. 1849, as amended and transferred to Sec. 520 of the Public Health Services Act by Sec. 2(b)(13) of Public Law 98-24 (42 U.S.C. §290dd-1),
- Sec. 413 of Public Law 92-255, 88 Stat. 84, as amended and transferred to Sec. 525 of the Public Health Services Act by Sec. 2(b)(16)(a) of Public Law 96-24 (42 U.S.C. §290ee-1), and Sec. 7361 and Sec. 7362 of Public Law 99-570.
Public Law 99-570 (5 U.S.C. §§7361 and 7362), The Federal Employee Substance Abuse Education and Treatment Act of 1986, and title 5 Code of Federal Regulations (CFR) Part 792, requires Federal agencies to establish appropriate prevention, treatment, and rehabilitative programs and services for alcohol and drug abuse problems for Federal civilian employees.
Public Laws 96-180 and 96-181 authorize your agency to extend counseling services, to the extent feasible, to family members of employees who have alcohol and drug problems, and to employees with family members who have substance abuse problems.
Public Law 79-658 authorizes the head of agency to establish health services programs for employees, also forms the basis for expanding counseling programs from those dealing solely with substance abuse to broad range programs which provide counseling for other personal problems, e.g., family, financial, marital, etc.
Executive Order 12564 requires your agency to establish a drug-free Federal workplace program, including an EAP as an essential element in achieving a drug-free workforce. Your agency must refer all employees found to use illegal drugs to the EAP for assessment, counseling, and referral for appropriate 'treatment or rehabilitation.
Federal EAPs: Guiding Principles, Frameworks, & Definitions
The Federal EAPs: Guiding Principles, Frameworks, and Definitions is the product of the 2008 Federal Employee Assistance Program Summit. Developed as a guide, rather than a requirement, for Federal EAP Administrators and other stakeholders, the information provided is based on participants' knowledge of best practices in the EAP field, as well as their own experience and understanding of EAP in Federal workplaces, and is intended to address the ways in which these programs can best meet mental and behavioral health needs of the Federal workforce.
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Confidentiality and the EAP
Every agency provides EAP services to its employees at no cost. These programs are staffed by certified counselors who are available to discuss problems in a confidential, helpful manner.
Laws and policies that affect EAP Confidentiality
- Confidentiality regulations related to alcohol and drug abuse patient records (42 CFR Part 2)
- Privacy Act
Health Insurance Portability and Accountability Act (HIPPA)
- State laws, especially covering child and elder abuse reporting
- Professional association standards and codes of ethics
- Your agency's policies and procedures (critical)
Following are the most frequently asked questions about the confidentiality of EAP records. To find more FAQs on EAP and Work/Life, please visit to Work/Life FAQs.
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No. Information about your discussions with the EAP cannot be disclosed without your permission. There are regulations (42 CFR Part 2) that require confidentiality of alcohol and drug abuse records, and they provide penalties for unlawful or unauthorized release of information.
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Those same regulations prohibit the implicit or negative disclosure of information and, as such, agency EAPs may not release any information without a signed consent, no matter what the nature of the problem is.
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No. However, there may be instances where it will be in an employee's best interests to sign a release of information, e.g., when an employee is seeking accommodation for a certain physical or emotional problem. Another example might be when an employee is involved in a potential disciplinary situation and wishes to show management his or her sincerity in seeking assistance with the problem. Based on this information regarding an employee's involvement in the Employee Assistance Program, a supervisor might decide to hold any disciplinary action in abeyance pending a positive change in the employee's performance or conduct.
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It doesn't matter if you are the head of the agency or any other employee, everything will be confidential.
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Under 42 CFR Part 2, any instances of suspected child abuse and neglect must be reported to appropriate State or local authorities. Also, when a client commits, or threatens to commit, a crime that would harm someone else or cause substantial property damage, law enforcement personnel must be informed.
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Most agencies have issued internal policy about their EAPs which assures that no matter what an employee's problem is, it will remain confidential.
We encourage you to contact your agency's EAP administrator for more information. You can find contact information for your EAP administrator through our Agency POC Contact Tool. You may also wish to contact your local Human Resources office for more information about your agency's EAP.
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