FRCEASTINST 12792.1.pdf

DEPARTMENT OF THE NAVY

FLEET READINESS CENTER EAST

PSC BOX 8021

CHERRY POINT NC 28533-0021

“SERVICE TO THE FLEET”

FRCEASTINST 12792.1

JC12200 PCW

FRC EAST INSTRUCTION 12792.1

From: Commander, Fleet Readiness Center East

Subj: DRUG-FREE WORKPLACE PROGRAM (DFWP)

Ref: (a) Executive Order 12564

(b) Public Law 100-71, Section 503

(c) DoD Directive 1010.09, DoD Civilian Employee Drug-Free Workplace Program

(d) DoD Manual 5200.02, DoD Personnel Security Program (PSP), as amended

(e) DoD Directive 5205.07, DoD Special Access Program Policy, as amended

(f) OPNAVINST 5350.4E, Navy Alcohol and Drug Misuse Prevention and Control

(g) Department of Health and Human Services (DHHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs

(h) Department of the Navy, Civilian Human Resources Manual, Subchapter 792.3

(i) Department of the Navy, Drug Free Workplace Handbook

(j) Consolidated Listing of Department of the Navy Civilian Drug Testing Designated Positions of 26 Apr 24

(k) SECNAVINST 12752.1A CH-1 of 6 Nov 17

(l) NAVAIRINST 12752.1B of 26 Jul 24

(m) SECNAV M-5210.1, Department of the Navy Records Management Program Records Management Manual

1. Purpose. To define the Fleet Readiness Center East (FRC East) policies and procedures for a Drug-Free Workplace Program (DFWP) consistent with references (a) through (j).

2. Cancellation and Summary of Changes. FRCEASTINST 5355.1H. This instruction has significant changes to implement updates and ensure consistency with references (c) through (l) and should be reviewed in its entirety. The standard subject identification code has been updated from 5355 to 12792.

3. Scope. This policy applies to all FRC East federal civilian employees, regardless of geographical location, and includes employees who encumber and current employees selected for Testing Designated Positions (TDP), applicants tentatively selected for positions identified as TDP in reference (j), and employees appointed to positions requiring a security clearance under the provisions of references (d) and (e).

4. Background. Reference (a) established the goal of a drug-free federal workplace and makes refraining from the use of illegal drugs, on or off duty, a condition of employment for all federal employees. The Department of Health and Human Services (DHHS) established the standards for Federal Workplace Drug Testing Programs under the authority of references (a) and (b), and 5 U.S.C. Section 7301. By this authority, as indicated in reference (j), the Assistant Secretary of the Navy (Manpower and Reserve Affairs) (ASN (M&RA)) has identified civilian positions that are subject to random testing because the nature and duties of the positions meet the criteria in references (a) through (c), including preferred and discretionary positions.

5. Policy. FRC East fully supports the policy of the Department of the Navy (DON) to provide a workplace free from illegal drug use. Illegal drug use is incompatible with the maintenance of high standards of conduct and performance, military readiness, and safe and reliable mission accomplishment. Illegal drug use by any federal employee, on or off duty, is contrary to the efficiency of the service and makes an employee unsuitable for federal employment. All references to “illegal drug use” in this instruction includes any illegal drug misconduct, such as, but not limited to, possession, sale and transfer.

6. Goal. The goal of the DFWP is to eliminate illegal drug use and drug misconduct by federal employees.

7. Requirement. All employees must refrain from using illegal drugs and refrain from engaging in illegal drug misconduct, on and off duty.

8. Required Drug Testing Notice

a. DFWP Announcement. A General Notice of Drug Testing under the DON DFWP will be issued to all newly hired and existing federal employees on an initial appointment to a Testing Designated Position (TDP), identified by reference (j), as well as those appointed to positions requiring a security clearance as outlined in references (d) and (e).

b. Individual Notice

(1) Each employee appointed to a TDP must be issued an individual notice 30 days before that employee is subject to unannounced random testing. Applicants tentatively accepted for a TDP will be subject to pre-employment drug testing, and then issued an individual notice 30 days before being subject to unannounced random testing. Current employees encumbering a non-TDP, tentatively selected for appointment to a TDP will be subject to pre-placement testing and issued an individual notice 30 days before that employee is subject to unannounced random testing. Current employees moving from one TDP to another TDP, who have been subject to random testing based on the previous TDP appointment will automatically be subject to random testing without further notice.

(2) Employees are to sign and acknowledge the Individual Notice document when the supervisor or authorized designee presents it to them. If the employee refuses to sign the acknowledgment, the employee’s supervisor (or designee) will note the date of the employee’s receipt of the notice and annotate on the document that the “employee refused to sign.” The supervisor will deliver all signed and annotated forms to the FRC East Drug Program Coordinator (DPC) in the Labor and Employee Relations (L&ER) Branch (JC12200) Office. An annotation of the employee’s receipt of the Notice satisfies the agency’s notice obligation. An employee’s refusal to sign the notice will not preclude or delay random testing of the employee consistent with the procedures in references (g) through (i).

(3) The FRC East DPC will maintain all signed acknowledgment and annotated forms in accordance with the provisions of reference (m).

9. Types of Drug Testing

a. Applicant Testing. Various positions within the Department of the Navy are subject to pre-employment, pre-placement or “applicant” drug screening following an applicant’s acceptance of a conditional or tentative offer of employment for appointment to a TDP or security clearance position. Procedures for applicant testing apply to position designations identified in reference (j), and includes the following personnel actions:

(1) Security Clearance. "Security Clearance" refers to a personnel security determination by competent authority that an individual is eligible for access to national security information and has been granted access under the standards of references (d) and (e). Eligibility is granted by the Defense Counterintelligence and Security Agency, Central Adjudication Services (DCSA CAS, formerly DoD CAF) and access is granted by the individual Command—in this case, the FRC East Security Officer. The individual must have both eligibility and access to have a “security clearance” for purposes of DFWP testing. After initial notification by Human Capital to the FRC East DPC during the selection process that a position requiring a security clearance has been filled, the FRC East Security Officer will routinely update the DPC with notice of all employees who have been granted access (eligibility and access) for purposes of mandatory drug testing under the DFWP. Once a security clearance has been granted and access given, the incumbent will be entered into the random testing pool 30 days after notice is given.

(2) Position Changes (current employees). As outlined in paragraph 8.b of this instruction, upon entering a TDP, whether through selection or assignment, each employee will receive an individual 30-day advance written notice of random unannounced drug testing, unless the employee is moving from one TDP to another TDP and was subject to random drug testing under the DFWP while in the previous position. No notice will be reissued when an employee is authorized to resume TDP duties after being temporarily prohibited by administrative action taken under DFWP.

(a) Temporary Changes. An employee who is temporarily detailed, temporarily promoted or temporarily reassigned to a TDP will be subject to random drug testing procedures while in a position identified in reference (j). Management must notify the FRC East DPC in writing of any temporary change in position of an employee from a non-TDP to a TDP to permit notice to be given, irrespective of whether the temporary assignment is documented on an SF-52, Request for Personnel Action and/or an SF-50, Notification of Personnel Action.

(b) Permanent Changes. Permanent changes of position are reported to the FRC East DPC routinely on the “Accession Report” generated by the Human Capital Division. Employees moving permanently from one TDP to another TDP will be subject to unannounced random testing without further notice or delay. Employees moving from a non-TDP into a TDP will be issued an individual notice 30 days in advance and subject to unannounced random testing at the end of that period. Employees moving permanently out of a TDP and into a non-TDP will be removed from the testing pool.

b. Random Testing. Employees who encumber a TDP and those who have been granted a security clearance as described in paragraph 9a (1) above, are subject to unannounced random drug testing consistent with the procedures in reference (i). Urine samples will be collected and processed in accordance with the procedures proscribed and/or set forth in reference (g).

(1) Random Testing Requirements. The FRC East will conduct random tests of employees in TDPs in a number that equals 50 percent of the full-time equivalents in the random testing pool annually and/or as otherwise mandated to meet testing quotas determined by the designated authority in references (c) and (h). The final baseline to achieve testing percentages will be calculated on the business day closest to July 15th each year.

(2) Quantity Not Sufficient (QNS). Quantity Not Sufficient (QNS) is a result of not having a sufficient quantity (volume) of specimen to perform the required test in accordance with collection procedures. For testing under this program, a sufficient quantity is 45 ml of urine or more. First attempt to produce a sufficient quantity sample occurs upon the employee’s arrival to the testing site. If the employee is unable to produce a sufficient quantity sample on first attempt, a three hour time limit will be set for that employee to produce an adequate sample. If, in the allotted time, the employee remains unable to produce a sufficient quantity sample, the FRC East DPC will contact and inform the employee’s supervisor and the Naval Air Systems Command (NAVAIR) Drug Program Manager (DPM) for appropriate agency action. If a QNS determination results, the supervisor is required to remove the affected employee from the testing designated position and prohibit the performance of associated duties pending a medical evaluation and determination. If the medical evaluation demonstrates a Legitimate Medical Explanation (LME) for the QNS sampling, the employee’s TDP functions remain prohibited pending disposition following Reasonable Accommodation (RA) procedures to determine if and to what degree RA may be available and appropriate. If the medical evaluation and determination does not demonstrate an LME for the QNS sample, the Collection will result in a “refusal to test” finding, and the employee will be subject to disciplinary action up to and including removal from Federal service based on that finding.

(3) Deferral. If upon DPC notification to the supervisor of a pending drug test for an employee, that employee is unavailable due to leave, travel, training, urgent workload, or another authorized reason, the supervisor has authority to grant a deferral of the test for that employee, but does not inform the employee of the DPC notice for testing or the deferral. The supervisor must notify the FRC East DPC of any deferral action or potential deferral action, and provide the basis/reason(s) for documentation purposes as soon as the supervisor becomes aware of the scheduling conflict or need for the employee’s services at the time of the scheduled test. The FRC East DPC will annotate the facts presented on the testing notification list. Thereafter, the deferred employee may be required to test within the 60 days following the date of deferral.

Deferral authority should be limited to situations when such is necessary to ensure compliance with the DFWP requirements.

(4) Appointments to Outside of the Continental United States (OCONUS) Locations. The FRC East has employees who encumber positions identified in reference (j), and who perform work in various locations OCONUS. In certain locations, drug testing within the required standards established by references (g) through (i) may not be readily available for varied reasons or may be severely limited. The FRC East DPC is responsible for coordination with DON personnel and resources to facilitate authorized testing of employees in OCONUS locations in compliance with the DFWP.

c. Volunteer Testing. Any employee may volunteer to participate in random testing by submitting a written request to the FRC East DPC. Volunteers will be included in the TDP pool of employees and will be subject to the same procedures for notice and unannounced random selection and testing as employees encumbering a TDP. Volunteers may withdraw from the program at any time by providing a written notice to withdraw to the FRC East DPC.

d. Reasonable Suspicion Testing

(1) Authority and Applicability. Reasonable Suspicion Testing is authorized by reference (h), following procedures in reference (i), with re-delegation of approval to no lower than one level above the supervisor or manager requesting the test. All FRC East employees are subject to reasonable suspicion testing under certain conditions:

(2) Determination of Reasonable Suspicion

(a) Employees in TDPs

1. A test may be authorized when management has a reasonable suspicion that an employee in a TDP is using illegal drugs. This belief must be based on specific objective facts and reasonable inferences drawn from those facts.

2. Reasonable suspicion testing of employees in TDPs may be based upon, but is not limited to the following factors:

a. Observable phenomena such as direct observation of drug use or possession or the physical symptoms of being under the influence of a drug.

b. Arrest or conviction for an on or off-duty drug-related offense or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking.

c. Information provided by reliable and credible sources or information that is independently corroborated/verified.

d. Newly discovered evidence that the employee has tampered with a prior urine sample during a drug test under this program.

e. Evidence that indicates probable adulteration, tampering, or substitution of a urine sample provided during a drug test under this program, such as the temperature, color or other evidence.

(b) Employees in non-TDPs. A test may be authorized for an employee in a non-TDP when management has a reasonable suspicion that the employee is using illegal drugs while on-duty or is performing work while drug-impaired. This belief must be based on specific objective facts and reasonable inferences drawn from those facts. A determination of reasonable suspicion may be based upon the factors outlined in 9d(2)(a)2, set forth above.

(3) Advice and Guidance for Reasonable Suspicion Testing. The management official considering a reasonable suspicion test will seek advice and guidance from the FRC East Office of General Counsel (OGC) (JC90000) and DPC prior to forwarding the written request and supporting documentation to the approval authority.

(4) Reasonable Suspicion Testing Request. A request for reasonable suspicion testing must be prepared in writing and contain the relevant facts supporting the belief that the employee has used illegal drugs or is performing work while drug impaired. The request will include dates and times of reported incidents and observations, reliable and/or credible sources of information (or independent corroboration), and the reasons leading to the request. If the request includes a recommendation for observed collection, the written request must also include the basis for the method of collection requested. Contact the FRC East DPC for guidance in completing a Supervisor’s Checklist to support a request for reasonable suspicion testing. After seeking and following appropriate guidance, the request must be reviewed and authorized by a management official at least one level above the requesting supervisor.

e. Post-Accident/Unsafe Practice Testing

(1) Authorization. Employees may be subject to testing when, based upon the circumstances, their actions are reasonably suspected of having caused or contributed to an accident in the performance of official duties meeting the following criteria:

(a) An accident or unsafe work practice resulting in a death or personal injury requiring hospitalization, or

(b) An accident or unsafe work practice resulting in damage to government or private property estimated to cost in excess of $10,000 to repair or replace.

(2) Supporting Documentation. The management official requesting post-accident testing must send the repair cost (or replacement cost, if irreparable) documentation along with the accident/unsafe practice documentation (preliminary statements, mishap report, etc.), to the FRC East DPC. The DPC will review and consult and obtain concurrence from OGC that the criteria has been met before drug testing under this program option will be authorized and initiated.

Post-Accident testing requests will follow the same or similar procedures and authority levels as for Reasonable Suspicion testing.

f. Follow-up Testing. Employees who remain employed under the terms and conditions of a signed Safe Harbor Agreement, explained below, are subject to “follow-up” testing, following treatment and rehabilitation. Testing will commence once the Department of Navy Civilian Employee Assistance Program (DON CEAP) provider gives the employee/employer a “completion letter.” The treatment plan and testing requirements outlined in the terms and conditions of the agreement apply until the expiration of that agreement or the end of employment, whichever comes first.

(1) Frequency and Duration. The follow-up testing will apply for a period of at least one year from the date of the first follow-up test consistent with the provisions of reference (c).

Employees under this program will be subject to unscheduled testing two or more times per month.

(2) Other Conditions

(a) Employees are required to have at least one negative drug test as a condition to resuming duties of a TDP.

(b) All follow-up tests will be conducted under direct observation.

(c) Once the employee resumes the duties of a TDP, the employee will also be subject to unannounced random testing as part of the testing pool, following random testing procedures, which may occur under direct observation at the agency’s discretion.

10. Safe Harbor. “Safe Harbor” is a program whereby FRC East elects to forego disciplinary action for an employee who voluntarily admits to illegal drug use; obtains counseling, treatment and/or rehabilitation under the DON CEAP; agrees to the terms and conditions of a Safe Harbor Agreement; and thereafter refrains from using illegal drugs.

a. Eligibility. FRC East will agree to safe harbor for an employee under the following conditions:

(1) Voluntarily identifies as a user of illegal drugs to the agency (manager or supervisor) prior to being identified through other means or before being identified for and notified of a pending random drug test.

(2) Submits to DON CEAP mandatory assessment for counseling, and receives and complies with a rehabilitation and treatment plan as recommended.

(3) Consents in writing to release appropriate illegal drug use treatment and rehabilitation records to the DPC or other agency designee and CEAP officials.

(4) Agrees to follow-up testing.

(5) Refrains from illegal drug use.

b. Disqualifying Conditions for Safe Harbor. The “Safe Harbor” option is not available to an employee if any one of the following occurs prior to an employee’s request for Safe Harbor:

(1) The employee is informed for a test under unannounced random testing procedures.

(2) The employee is identified for testing under reasonable suspicion or post-accident procedures.

(3) The employee has been found to use illegal drugs or to have engaged in illegal drug misconduct by direct observation.

(4) Evidence of illegal drug use or illegal drug misconduct is given to or otherwise obtained by the agency through an arrest or criminal conviction.

(5) The agency becomes aware of illegal drug use or illegal drug misconduct through other means.

c. Safe Harbor Request. An employee must request safe harbor from his/her manager or supervisor, who will then notify the FRC East DPC. If the employee encumbers a TDP, the supervisor will immediately take action to cease the performance of all duties by that employee and notify the DPC. The FRC East DPC will forward the employee’s written safe harbor request to OGC for guidance and concurrence that the request meets the criteria.

d. Safe Harbor Approval/Mandatory Referral. Once the agency accepts an employee’s request for Safe Harbor, the DPC will report the matter to the FRC East Security Officer to comply with the Continuing Evaluation (CE) requirements in reference (d), and initiate the mandatory DON CEAP referral through the DFWP Care Manager. Once the initial assessment and counseling through DON CEAP have been completed, the employee must:

(1) Sign a Medical Release authorizing the treatment provider to give the agency and the DON CEAP Care Manager counseling, treatment and rehabilitation recommendation details as part of the Safe Harbor request. This includes, but is not limited to recommendations for inpatient and/or outpatient treatment; the duration of inpatient care, if applicable; the frequency and duration of outpatient care; and the recommendations for follow-up rehabilitation and/or counseling once initial inpatient or initial outpatient treatment is completed. The information obtained will be used for consideration of the terms and conditions of a Safe Harbor Agreement between the employee and the FRC East.

(2) Authorize the treatment/rehabilitation provider to submit progress reports to the agency and the DON CEAP Care Manager of the employee’s progress in treatment.

e. Safe Harbor Assessment and Initial treatment. Upon satisfactory completion of the initial assessment and recommended initial treatment (inpatient or outpatient) and counseling, as determined by the treatment provider, the DFWP Care Manager will submit a Letter of Completion to the FRC East DPC, certifying that initial conditions have been satisfied for consideration of a Safe Harbor Agreement and return to duty. Thereafter, the FRC East DPC will:

(1) Schedule and conduct the initial mandatory follow-up drug test.

(2) Inform the employee’s supervisor and Department Head of the results. If negative, refer the supervisor to L&ER for consideration of a return to duty.

(3) Provide the necessary information to the L&ER Branch, which will draft and route the Safe Harbor, Last Chance or other Agreement to OGC for content, enforceability and completion. At minimum, the Agreement will include:

(a) the recommended follow-up rehabilitation, treatment and counseling the employee is required to successfully complete under Safe Harbor,

(b) Conduct, attendance, and performance requirements, and

(c) The duration of the Agreement

(4) Once the Agreement terms are finalized, assist L&ER as necessary to facilitate the signatures, and advise management of the provisions/requirements of the Agreement for purposes of managing expectations and ensuring employee compliance.

(5) As appropriate and at management’s request, once the Agreement has been signed and executed, work with L&ER to prepare and facilitate a written request to the Commanding Officer (CO), along with any required documentation showing that the employee has satisfied the requirements for consideration of reinstatement to his/her TDP. If authorized to resume TDP duties, the DPC will ensure the employee resumes the requirements of the TDP as part of the random testing pool, and thereafter, manages, schedules and documents all follow-up testing required by safe harbor under the DON DFWP.

f. Testing under Safe Harbor. As stated above under para. 9f, any employee referred through administrative action to counseling, treatment or rehabilitation through the DON CEAP for illegal drug use as part of Safe Harbor will be subject to unannounced and observed drug testing as a follow-up to the rehabilitation program. Follow-up testing will occur for a minimum period of one year, or longer if specified in an abeyance/last chance agreement, rehabilitation plan, or other form of written agreement under Safe Harbor. For employees reinstated to perform in a TDP, this testing is separate from the unannounced random testing.

11. Action for Illegal Drug Use

a. Administrative Actions

(1) Removal from TDP

(a) An employee in a TDP with a result of verified positive or substitution-refusal, adulteration-refusal must immediately be removed from the performance of TDP duties. The employer, through consultation with appropriate advisors, has discretion and authority to determine whether or to what extent employees under these conditions may remain in a duty status or whether they will be placed in a leave status pending further disposition. When TDP duties are restricted, even temporarily, the employee will be temporarily removed from the random testing pool until and unless they are returned to perform TDP duties.

(b) An employee in a TDP requesting safe harbor must immediately be removed from TDP duties. The employer, through consultation with appropriate advisors, has discretion and authority to determine whether or to what extent the employee may remain in a duty status or whether they will be placed in a leave status pending further disposition, which may include completion of assessment, counseling, treatment and rehabilitation.

(c) An employee in a TDP with a QNS (failure to produce an adequate sample) must immediately be removed from TDP duties. Employees determined as QNS during a drug test are required to seek a medical assessment and obtain medical documentation addressing the inability to produce an adequate urine sample. Documentation must then be sent to the Testing Laboratory’s Medical Review Officer (MRO) for determination on whether a Legitimate Medical Explanation exists for the QNS sample, which the agency may consider under RA.

Managers/supervisors must consult with the DPC and OGC to ensure appropriate assignment of tasks are given if it is determined the employee will remain in a duty status pending disposition of a medical and/or accommodation assessment.

b. Disciplinary Action

(1) FRC East will initiate disciplinary action against an employee for the first instance of illegal drug use in accordance with the provisions of references (k) and (l), except under circumstances set forth in reference (i) relating to Voluntary Referral for Safe Harbor.

Disciplinary action, up to and including removal, will be initiated for an employee who refuses mandatory CEAP counseling and/or rehabilitation as required by reference (a) after having been found to use illegal drugs or after having admitted to illegal drug use. The activity/command will propose removal for a second finding of illegal drug use.

(2) An employee who fails to report to the designated FRC East collection site when notified for any type of drug test will be subject to the same range of discipline as a verified positive test result for illegal drug use.

(3) An employee who refuses to submit to testing for any type of drug test has failed to follow a direct order that will result in the same range of discipline as a verified positive test result for illegal drug use.

(4) Employees who violate DFWP provisions; who test positive for illegal drugs; who engage in illegal drug activity; and who admit to illegal drug use will be reported to the FRC East Security Officer as part of the Personnel Security Program, Continuous Evaluation (CE) procedures outlined in reference (d). Reports made under CE may be investigated by DCSA CAS and could result in a determination that the employee is no longer eligible to occupy a sensitive position.

(5) An applicant’s refusal or failure to test as required will result in withdrawal of a tentative or conditional offer of employment.

(6) L&ER, in consultation with OGC, will provide guidance and advice to supervisors on administrative and disciplinary actions relating to the DFWP.

(7) An offer of assistance through DON CEAP and/or compliance with a rehabilitation/counseling program does not guarantee continued employment.

12. RA. The RA process will be initiated if a legitimate medical explanation (LME) demonstrates the existence of a disability for which the agency must consider accommodation.

Drug testing under DFWP is a condition of employment for those occupying a TDP. A failure to provide an adequate urine sample for testing is failing to meet a condition of employment, as urine testing is the method used by FRC East for drug testing. It is critical to be able to determine whether the medical condition at issue is long term or chronic or short term or acute to permit thorough and appropriate personnel action. In the case of a LME where it is subsequently determined through additional medical information that the employee can provide a minimum of 15 ml of urine in one void, the employee may be returned to the TDP and future specimens will be collected via split sample (A and B bottles) ensuring the total is a minimum of 15 ml. If such an accommodation is granted, a Memorandum for the Record (MFR) will be included with the Chain of Custody Form and the specimen to the Fort Meade Laboratory. In addition, any additional necessary details will be provided to the MRO to fulfill the employer’s obligations under the DFWP on a case-by-case basis.

13. Test Scheduling. Drug testing will be scheduled during an employee’s regular work shift, if and when possible. The employee is responsible for notifying the supervisor or higher level management official to facilitate the clocking of overtime pay or compensatory time/credit hours if there is an authorized delay to complete the required drug test or if the test must be conducted on a non-workday. Certain tests may be conducted without regard to an employee’s work shift, such as reasonable suspicion and post-accident testing; however, employees will be compensated for the time necessary to carry out the required test.

14. Types of Test Results. The DFWP servicing HHS Certified laboratory, currently located at Fort Mead, uses split sample testing. As discussed at the beginning of the Random Testing section in paragraph 9, the donor provides a urine sample to a certified collector who divides the sample into two separate bottles. Bottle A and bottle B. Bottle A is tested by the HHS certified laboratory and the results are provided to the FRC East DPC. Bottle B is preserved in the event that confirmatory testing is required or requested. There are three potential results other than positive or negative that can be reported, and which generally occur when an employee attempts to ensure a drug-free urine sample. These include “dilution” (excessive hydration via copious fluid consumption, often detected by creatinine that is well below normal levels); “adulteration” (chemical contamination to mask the presence of drugs); and “substitution” (providing a drug-free alternative sample).

a. Negative. A negative test result means that the particular substance or substances being tested for was/were not detected. This may also mean the level of the substance was not sufficient to be detected because it is below the threshold/cutoff limit. It could also mean that use of the substance did not occur during the detection window.

b. Non-positive with a Safety Concern. Some test results are categorized as “non-positive” because while a substance may be detected, a legitimate reason for the detection of the substance in the urine sample has been provided, such as a validated prescription. A “safety concern” reported by the MRO means that the results present a legitimate safety concern considering the employee’s duties or the work environment in that there is a potential to create unsafe working conditions for the employee or others. If the MRO notifies the FRC East DPC of a Safety Concern, the employee and supervisor will be informed, as well as appropriate advisors. The employee will be instructed to contact the prescribing physician to complete the Safety Concern Form, and have the physician return the completed form to the MRO as soon as possible, but no later than 30 days from the date of notification to the employee. If there is no response from the employee’s physician within the prescribed time limit, the DPC will notify the supervisor to initiate appropriate administrative action through L&ER. The employee may be temporarily suspended from performing TDP duties until the safety concern is adequately addressed and resolved in favor of safe working conditions.

c. Positive. The MRO will forward a Memorandum summarizing the employee’s Test Results to the DON DPM, who will then submit the documents to the FRC East DPC. Included with the Memo will be a result page containing information on the type of illegal substance/drug(s) or other information relevant to the results. The DPC will immediately notify the CO, Executive Officer (XO), and the positive employee’s Department Head of the verified positive test result. A copy of the MRO’s memo will be forwarded to the DON CEAP Administrator, the Security Officer, L&ER, and OGC for appropriate coordination and required actions. Required and potential actions for Positive results include the following:

(1) The supervisor will take immediate action to remove the employee from performing the duties of the TDP.

(2) The DPC will initiate the mandatory DON CEAP referral through the DFWP Care Manager, with distribution and notice to the FRC East CEAP Administrator.

(3) The employee’s management will coordinate with L&ER personnel and OGC to determine employee status pending administrative action.

(4) Retest request. If the MRO requests more information during the testing process, or advises the employee donor of a positive, substituted, or adulterated test result, the employee may request a retest. A request must be made to the MRO in writing within 72 hours of the employee being notified by the MRO of the results. When an employee submits a retest request, Bottle “B” of the original split urine sample will be sent to a different HHS certified laboratory, along with chain of custody documentation, to be tested using the same authorized procedures.

The “retest” process does not include any form of a recollection or a new urine sample and the employee may not choose a laboratory to conduct the test.

The results of the bottle B drug test will be certified by the MRO to the DON DPM, and from there given to the FRC East DPC. If the results remain the same as the initial test, the results will be validated and no further analysis will be conducted. If bottle B results are negative, the FRC

East DPC will advise management and appropriate advisors of the negative result. If inconclusive (Cancelled/Invalid), protocols will be followed, and may result in a direct observation recollection.

d. Dilute. A “dilute” sample is one where the sample falls well below the range of normal creatinine, which may evidence over-hydrating in an effort to hinder the detection of substances in the urine. For an initial finding of “negative-dilute”, the DPC will order a recollection attempt. If there is a second negative-dilute, the MRO will contact the donor and make an appropriate medical inquiry to determine if there may be a valid medical cause for the result. If the MRO determines a medical cause exists to explain the negative-dilute, the MRO will deem the drug test “negative.” If the MRO determines there is no medical basis, a recollection will continue until the appropriate levels are in the normal range.

e. Refusal. An employee's refusal to submit to a drug test of any kind, ordered under the authority of the agency’s DFWP, will be reported accordingly and will subject the employee to appropriate disciplinary action up to and including removal from employment consistent with references (h), (k) and (l).

f. Cancelled/Invalid. This means either that the urine specimen does not pass the lab's validity testing or that the test result is inconclusive, which essentially means the test was incompetent and did not determine if the test is positive or negative for drugs. This type of result will require immediate recollection under direct observation.

15. DFWP Training.

a. FRC East DPC Training. Twenty-four hours of classroom or online instruction conducted by DON DPM.

b. Supervisor Training. Training to assist supervisors and managers in recognizing and addressing the illegal use of drugs by agency employees. Required within the first six months of assuming supervisor duties, and every three years after that. FRC East includes DFWP instruction during mandatory supervisor training and refresher training.

c. Employee Education. Conducted during initial employment onboarding, and by other appropriate means where this method is unavailable during onboarding, such as for employees hired for alternate locations or for positions OCONUS.

16. Records Management. Records created as a result of this instruction, regardless of media and format, will be managed per SECNAV-M-5210.1, Department of the Navy Records Management Program.

17. Review and Effective Date. Per OPNAVINST 5215.17A, the L&ER (JC12200) will review this instruction annually on the anniversary of its effective date to ensure applicability, currency, and consistency with Federal, DoD, SECNAV, and Navy policy and statutory authority using OPNAV 5215/40, “Review of Instruction.” This instruction will automatically expire ten years after the effective date unless reissued or canceled prior to the ten year anniversary date, or an extension has been granted.

D. W. ROSE

By direction

Releasability and distribution: This instruction is not cleared for public release and is available electronically only via the FRC East Instructions Master List Web page:

https://issctools.navair.navy.mil/IMS_Documents/MasterList/default.cfm?