Appendix I - Legacy INS Drug-Free Workplace Program.pdf

Appendix 1

Legacy INS

Section 28. Drug-Free Workplace Program

The Federal Drug-Free Workplace Program was established by Executive Order 12564, to ensure that all Federal employees are provided a drug-free work environment.

The INS Drug-Free Workplace Plan emphasizes three areas to eliminate illegal drug use from the workplace: drug testing, supervisory and employee drug education through the Employee Assistance Program (EAP), and rehabilitation through the EAP of employees found to be using illegal drugs.

If your position is in any of the following classes of positions, then you are in a "Testing Designated Position" subject to periodic random drug testing. Testing Designated Positions include officer corps positions, detention enforcement officers, positions in intelligence/law enforcement operations, top level management officials, employees with security clearances of secret and top secret, positions in the Employee Assistance Program, attorney positions involved with drug or terrorism prosecution, computer and communication positions having access to classified or law enforcement information, operators and maintainers of vehicles that carry passengers or security information, aircraft pilots and mechanics, nurses, and firefighters.

For more information on the Drug-Free Workplace Program, call (202) 514-8664.

* The Special Programs Section of the Human Resources Office deals with the Drug Free Workplace Program.

DRUG-FREE WORKPLACE PROGRAM SUPERVISOR'S GUIDE

(M-333)

INTRODUCTION

TESTING PROCEDURES & SAFEGUARD

BASIC CATEGORIES OF TESTING

RANDOM TESTING

VOLUNTARY TESTING

REASONABLE SUSPICION TESTING (Amended July 1992) ACCIDENT OR UNSAFE PRACTICE TESTING (Amended July 1992)

FOLLOW-UP TESTING (Amended July 1992) APPLICANT TESTING (Amended July 1992)

FAILURE TO APPEAR AND/OR REFUSAL TO TAKE THE DRUG TEST WHEN

REQUIRED

FINDING OF DRUG USE

DISCIPLINARY ACTIONS

UNION REPRESENTATION

REFERRALS TO THE EMPLOYEE ASSISTANCE PROGRAM

SUPERVISOR'S RESPONSIBILITIES

SENDING AN EMPLOYEE TO A TEST

APPLICANT TESTS

TIMING OF NOTICE

EMPLOYEE STATUS DURING COLLECTION/TRAVEL

MAINTAIN CONFIDENTIALITY

DOCUMENT COLLECTION PROCEDURES

VOLUNTARY TESTING

REFERRALS

A FINDING OF DRUG USE

APPENDIXES

APPENDIX 1 EMPLOYEE'S REQUIREMENT TO REPORT INFORMATION SHEET

(SUBSTITUTE PAMPHLET)

APPENDIX 2 POSSIBLE EFFECTS AND SIGNS OF DRUG USE AT THE

WORKPLACETYPICAL WARNING SIGNS OF SUBSTANCE ABUSE

APPENDIX 3 DRUG PROGRAM COORDINATORS

INTRODUCTION

On September 15, 1986, the President signed Executive Order 12564 requiring agencies to establish a program to ensure that all Federal employees are provided a drug-free workplace. The Order required Federal agencies to take certain demand reduction activities - including drug testing. The Executive Order (E.O.) contained nine findings which could be summarized: illegal drug use is bad for the employee, bad for co-workers, bad for the Government, and bad for society. The Executive Order concluded:

- Federal employees must refrain from illegal drug use both on and off duty.

- All employee illegal drug use adversely effects the efficiency of the Service.

- Illegal drug users are not suitable for Federal Service.

The Immigration and Naturalization Service has an especially compelling obligation to prohibit illegal drug use because of our law enforcement and drug interdiction responsibilities, as well as the sensitive nature of our work in the implementation of the Immigration and Nationality Act (and related laws). Illegal drug use will not be tolerated by the Service.

This guide is designed to familiarize you with the INS Drug-Free Workplace Program, and explain your responsibilities.

TESTING PROCEDURES & SAFEGUARDS

We test for the presence of 5 drugs:

- Marijuana (THC)

- Cocaine (including crack)

- Opiates (heroin, codeine, etc.)

- Amphetamines

- PCP

If a test is based upon reasonable suspicion or accident/unsafe practice, the government may test for any Schedule I or II drug in the Controlled Substances Act, such as barbiturates. We may not test for benzodiazepines such as valium and librium, and several other drugs that are less frequently abused.

Drug testing under the E.O. is conducted with much higher standards than are common in private industry and many other types of medical tests. In accordance with Health and Human Services' regulations, urine collection and analysis are performed with concern for privacy and accuracy:

- During collection, direct observation is not performed unless there is reason to believe that the donor may alter or substitute the specimen to be provided.

- Chain-of-Custody procedures are used to account for the sample.

- A positive finding of drug use will not be reported to the agency until:

A. The sample tested positive on a screening test.

B. The sample tested positive on a confirmation test called gas chromatography/mass spectrometry. Evidence for this test has long been accepted by criminal courts.

C. A Medical Review Officer reviews this finding, and determines that there is no valid alternative explanation for the illegal drug use. This step includes calling the individual. Employees may provide medical information/documentation by use of a prescription form. (If the laboratory positive test result was caused by a legally prescribed medication, or other legitimate reason, the Medical Review Officer will report the test result to the agency as "negative.")

- Strict rules govern the dissemination of the test results. If you receive information concerning drug test results in the course of your duties, it is absolutely imperative that you carefully safeguard this information.

BASIC CATEGORIES OF TESTING

There are six types of testing authorized under the Executive Order: random, voluntary, accident/unsafe practice, reasonable suspicion, follow-up, and applicant. Each of these categories is explained below.

1. RANDOM TESTING: Employees who are in "Testing Designated Positions"

(TDP?s) are subject to this type of testing. Testing designated positions include officer corps positions, detention enforcement officers, positions in intelligence/law enforcement operations, top level management officials, employees with secret (or higher level) clearances, positions in the Employee Assistance Program, Attorney positions involved with drug or terrorism prosecution, computer and communication positions having access to classified or law enforcement information, operators and maintainers of vehicles who carry passengers or security information, aircraft pilots and mechanics, nurses, and firefighters.

Individuals are selected for testing using a computer program, which identifies Social Security numbers of individuals in TDP?s, and randomly selects them. Since the testing is random, testing may occur at any time and more than once per year.

Periodically a random list of employees to be tested will be provided to the Administrative Center Drug Program Coordinator (DPC) by Headquarters. The DPC will schedule the employees for the test, usually through a District or Sector DPC. The Headquarters DPC will schedule the random tests for Headquarters personnel.

Employees will be scheduled to report for the test as early in the day as possible. The DPC will advise you when your subordinates are scheduled for a test, and your responsibilities are detailed in item 1, page 9.

You should ensure that employees will not have premature notice that they have been scheduled, since drug users can test negative by temporarily abstaining from illegal drugs. Most employees do not use illegal drugs, but of those who do, some are among the last that you might suspect. This is why random testing is valuable.

Rescheduling for random testing may be unavoidable at times. However, an employee whose random drug test is deferred will be subject to an unannounced test within the following 60 days. You should notify the DPC when there is a deferral. A deferral can be granted when the employee's first-line and second-line supervisors concur that a compelling need necessitates a deferral on the grounds that the employee is:

- In a leave status (sick, annual, administrative or leave without pay);

- In official travel status away from the test site or is about to embark on official travel scheduled prior to testing notification;

- A union official away from the official duty station performing union duties, or conducting union duties (on official time) which cannot be rescheduled.

2. VOLUNTARY TESTING: Employees not in testing designated positions may volunteer for unannounced random testing by notifying their respective Administrative Center Drug Program Coordinator. These employees will then be included in the pool of testing designated positions subject to random testing, and be subject to the same conditions and procedures as outlined for random testing.

3. REASONABLE SUSPICION TESTING: An Employee who is not in a testing designated position (TDP) cannot be tested for off duty drug use.

Reasonable suspicion testing may be required of any employee in a position which is designated for random testing, a TDP, where there is a reasonable suspicion that the employee uses illegal drugs whether on or off duty.

Reasonable suspicion testing may also be required of an employee in any position when there is reasonable suspicion of on-duty drug use or drug impaired work performance.

Reasonable suspicion is a standard of proof lower than beyond a reasonable doubt, preponderance of the evidence, and probable cause. However, "hunches" and unsupported speculation are not sufficient to meet this standard.

Moreover, few acts can damage employee morale as much as an unwarranted reasonable suspicion test.

The following benchmarks are provided to help you identify when you may have reason to suspect illegal drug use:

- Direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug (See APPENDIX 2, "Possible Effects and Signs of Drug Use at the Workplace");

- A pattern of abnormal conduct or erratic behavior;

- 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;

- Information provided either by reliable and credible sources, or independently corroborated; or

- Evidence that the employee has tampered with a previous drug test.

As you see, some incidents may directly indicate drug use while others require a good deal of judgment. In any event, thorough documentation is imperative in supporting reasonable suspicion. When testing is to be conducted based on reasonable suspicion, you should promptly detail in writing for the record the circumstances which formed the basis of your determination that reasonable suspicion exists to warrant the testing. Your report should include, at a minimum, the appropriate dates and times of reported drug related incidents, reliable/credible sources of information and rationale leading to the test. Feel free to contact your appropriate Administrative Center or Headquarters Employee Relations Specialists or the Drug Program Coordinator for help. After gathering all information, facts, and circumstances leading to and supporting your suspicion, you should have the employee's second line/higher level supervisor concur. The second line/higher level supervisor must decide if reasonable suspicion is present, and document the specific facts and circumstances that led him/her to that conclusion. This documentation could consist of a memo briefly endorsing your report. Upon reaching a decision to test the employee, provide written notification to the employee advising of the test with little or no warning (see page 9).

Keep in mind that we only routinely test for Marijuana (THC), Cocaine, Opiates, Amphetamines, and PCP. If you have evidence that relates to the use of a specific drug, keep this list in mind. You may test for any Schedule I or II drug of the Controlled Substances Act, but the INS Drug Program Coordinator must arrange for laboratory testing of these other drugs (such as barbiturates). Drug testing is also of limited usefulness in testing for prescription abuse, such as obtaining multiple legitimate prescriptions from different doctors.

All documentation should be retained in the adverse action file. Employees may request, in writing, the documentation upon which the test is based. Requests should be made to the respective Administrative Center or Headquarters Drug Program Coordinator.

4. ACCIDENT OR UNSAFE PRACTICE TESTING: The Service is committed to providing a safe and secure working environment. It also has 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 any of the following criteria:

a. the accident results in a death, or personal injury requiring immediate hospitalization; or

b. the accident results in damages to government or private property estimated to be in excess of $10,000.

Damage estimates will usually have to be based upon your good faith judgment.

Waiting until after the damage is formally appraised may be too late to accurately perform the test.

If an employee is suspected of having caused or contributed to an accident meeting any of the criteria stated above, you should present the facts and circumstances leading to and supporting this suspicion to the employee's second line/higher level supervisor for approval. Once approval has been obtained and arrangements made with the Administrative Center, or, when appropriate, Headquarters Drug Program Coordinator for testing, the supervisor will prepare a written report detailing the facts and circumstances that warranted the test.

Insure that your decisions are consistent. Unless reasonable suspicion of drug use exists (see pages 3-4), employees in similar accidents should be treated similarly.

5. FOLLOW-UP TESTING: Employees who are found to be illegal drug users, but are not removed from the Service, will be subject to unannounced testing for one year following completion of a required rehabilitation program. The frequency of testing shall be the amount stipulated in the abeyance contract, or, in the alternative, at an increased frequency as approved by the Executive Associate Commissioner, Management, or appropriate Director, Administrative Center, or their respective designees. Frequency of follow-up testing will not be more than 12 times a year. (When using Abeyance Contracts, it is of the utmost importance to ensure the condition of follow-up testing and frequency of testing are included in the contract. The inclusion may help to avoid allegations that the frequency of testing is subjectively selected by management.)

In an abeyance contract, the agency holds the final disciplinary decision or action in abeyance to give the employee the opportunity to demonstrate successful rehabilitation. You can obtain guidance on abeyance instruments from your Employee Relations Section.

You will provide written notification on the day of the test, preferably within 2 hours of the test.

6. APPLICANT TESTING: All applicants must be tested for illegal drug use. For the purpose of this requirement, "applicant" means:

a. any individual tentatively selected for employment with the Service, (excluding summer hires, minors and volunteers);

b. a Service employee who is tentatively selected for a testing designated position, to include competitive assignments that are expected to last longer than 120 days, and who was not, immediately prior to the selection, in a testing designated position.

Applicants may refuse to take the test; however, they will be dropped from consideration for the position.

A positive test result by an employee applicant will not only disqualify him/her for selection, it will also be considered a "finding" that the employee is a drug user, which requires management to take certain actions (See "Finding of Drug Use," page 6.).

FAILURE TO APPEAR AND/OR REFUSAL TO

TAKE THE DRUG TEST WHEN REQUIRED

Failure to appear for testing without a deferral will be considered refusal to participate in testing, and will subject an employee to the full range of disciplinary actions, including dismissal.

An employee who refuses to be tested when so required, will be subject to the full range of disciplinary actions, including dismissal.

You should advise the employee of the possible disciplinary consequences if, at the time you present an employee with the written notice to report, the employee refuses to participate in the testing. (Note: an employee, who is being tested as an applicant, will not be disciplined for refusal to take the test, but will no longer be considered for the position.)

FINDING OF DRUG USE

The Drug-Free Workplace Program is not just a drug testing program. An employee may be found to use illegal drugs on the basis of any appropriate evidence including, but not limited to:

- Direct observation;

- Evidence obtained from an arrest or criminal conviction;

- An administrative inquiry;

- An employee's voluntary admission; or

- A verified positive drug test result.

The Drug-Free Workplace Program requires a set of actions upon a finding of drug use by an employee. The Administrative Center, or Headquarters Drug Program Coordinator should be contacted for appropriate action. These actions include:

- Referral to the Employee Assistance Program;

- The initiation of disciplinary action;

- Follow-up testing for those who are rehabilitated and remain employed.

Unless granted a waiver by the Director, Administrative Center, or as appropriate, in Headquarters the Executive Associate Commissioner for Management, or their designees, an employee will not be allowed to remain on duty in a sensitive position after being found to use illegal drugs prior to successful completion of rehabilitation through an EAP.

Under the Executive Order, the Service is required to initiate action to discipline any employee found to use illegal drugs in every circumstance except, if an employee (1) voluntarily admits his or her drug use; (2) completes counseling or an EAP; (3) and thereafter refrains from drug use. The decision whether to discipline a voluntary referral will be made by management on a case-by-case basis depending on the facts and circumstances.

The Service will initiate action for mandatory removal when having been found to use illegal drugs, an employee refuses to obtain counseling or rehabilitation through an Employee Assistance Program as required by the Executive Order. Mandatory removal action will also be initiated for an employee who has been found not to have refrained from illegal drug use after a first finding.

DISCIPLINARY ACTIONS

The disciplinary action taken for illegal drug use, failure to appear for a required test, and refusal to participate in required testing will depend on each case; however, some corrective/disciplinary action must be initiated. Such action, consistent with the requirements of the Civil Service Reform Act and other statutes and regulations, may include any of the following measures:

- Reprimanding the employee in writing;

- Placing the employee in an enforced leave status;

- Suspending the employee for 14 days or less;

- Suspending the employee for 15 days or more;

- Suspending the employee until such time as he or she successfully completes counseling or rehabilitation or until the Service determines that action other than suspension is more appropriate;

- Reducing the employee in pay or grade;

- Removing the employee from the Service.

You should work closely with your Employee Relations Section when having to initiate disciplinary action.

UNION REPRESENTATION

When there is a finding of illegal drug use by an employee, the employee shall have the right to be represented by his/her designated representative for the purpose of any disciplinary proceeding in the discussion of an abeyance contract. Employees also have the right to be represented during any investigative interview with a representative of the Service regarding the use of illegal drugs in accordance with the law and the terms of the national Union/Service agreement.

If you are confronted with a situation regarding union representation, you should contact your Administrative Center or Headquarters Drug Program Coordinator for guidance

(APPENDIX 3, DRUG PROGRAM COORDINATORS).

REFERRALS TO THE EMPLOYEE ASSISTANCE PROGRAM

Executive Order 12564 identifies Employee Assistance Programs as an essential element to an agency's plan to achieve a drug-free workforce, and explicitly states that agencies shall refer all employees found to be using illegal drugs to their Employee Assistance Program for assessment, counseling, and referral for treatment or rehabilitation, as appropriate. Referrals to the Employee Assistance Program are for the purposes of identifying the problem, referring the employee to the appropriate treatment resource in the community and following up with the employee during recovery and rehabilitation.

As a supervisor you have explicit expectations of your employees in terms of job performance and behavior. When you are advised of confirmed employee drug use, you are required to refer the employee to the Employee Assistance Program. In the case of a management referral as a result of a positive drug screen, the employee assistance staff will be available to discuss the situation and/or consult with you, as required, and provide you with guidance on how to refer the employee to the assistance program.

Once the referral is made, and the employee agrees to the appointment with the counselor, the counselor will require the employee to sign a consent for release of information to the supervisor before assistance will be provided. This consent will cover the release of information pertaining to the employee's progress during and at the end of treatment. Upon obtaining the signed consent, the counselor will assess the problem(s), review the employee's health insurance coverage and refer the individual to an appropriate treatment resource in the community. The counselor will monitor the employee's treatment and keep you advised as to the progress being made. The counselor will periodically follow-up with the employee and you after any treatment which occurs and offer support and assistance as needed.

In addition to referring the employee to the Employee Assistance Program, you must also initiate a proposal for disciplinary action. (However, although disciplinary action is not required in the instance of a self-referral by the employee if the self-referral occurs prior to the employee being notified to report for a drug test, the decision whether or not to discipline is made on a case-by-case basis.) When disciplinary action must be initiated, you should coordinate such action with your Employee Relations Section.

Disciplinary action must also be initiated if the employee fails to remain drug free after receiving treatment and/or rehabilitation through the Employee Assistance Program.

SUPERVISOR'S RESPONSIBILITIES

Much of the success of the Drug-Free Workplace Program depends upon you properly performing your responsibilities, which are outlined below.

1. SENDING AN EMPLOYEE TO A TEST: The documents listed below, and contained in Appendix 1, need to be provided to employees undergoing all types of tests except applicant (see number two below). If these documents are not immediately available in the case of an accident/unsafe practice test, a verbal order will suffice until the documents are available.

- A "Notification of Employee's Requirement to Report", and "Employee?s

Request for Results", Forms G-822A and B respectively, will advise the employee of the category of testing (random, reasonable suspicion, etc.)

and, where and when to report. Retain a copy of this notification to document that the employee was clearly notified.

Form G-882B also provides the means for the employee to directly obtain his/her drug test results.

- A pamphlet titled, "Drug-Free Workplace Program," explaining the program.

To eliminate delays and confusion at the collection site, you should advise employees to be sure to take photo identification with them to the collection site.

A collection site person will request photo identification to verify identity. If the employee does not have proper identification with him/her, you may be contacted to verify identity.

2. APPLICANT TESTS: Arrange for employee applicants to be relieved of duty for applicant testing. All paperwork will be provided to the employee by the administrative office which handles other staffing procedures.

3. TIMING OF NOTICE: Ensure that employees do not have premature notice of the test. Temporarily abstaining can purge drugs from an individual's system, and an employee who knows that he/she will be tested the next day could call in sick. Try to notify the employee no earlier than two hours before the test.

4. EMPLOYEE STATUS DURING COLLECTION/TRAVEL: Time spent by an employee at the collection site, and travel time if the employee is otherwise in a duty status, are considered to be hours of duty. Travel time should be worked out between you and your employee. An employee may be at the collection site for an extended period of time if he/she cannot readily provide a specimen, or required amount. The employee will be instructed to remain at the site by collection site personnel until an ample specimen can be collected. After two (2) hours, the collection site personnel are required to notify a designated INS point-of-contact (usually the District/Sector Drug Program Coordinator) of the delay.

You should be notified in turn. Delays of this nature are rare, and when they do occur they usually do not indicate uncooperativenes on the part of the employee.

5. MAINTAIN CONFIDENTIALITY: As a supervisor, test results may be released to you for purposes of recommending any adverse personnel action, and you may also receive information related to drug abuse counseling of an employee.

All drug testing information specifically relating to individuals is confidential and should be treated as such by anyone authorized to review or compile program records. Test results, and related records, should be maintained in accordance with the Privacy Act.

6. DOCUMENT: For reasonable suspicion tests, document the basis for the test and obtain the endorsement of a higher level supervisor (see page 4). Also document the basis for an accident/unsafe practice test (see page 5).

7. COLLECTION PROCEDURES: If your employee complains about improper procedures at the collection site, notify the INS Drug Program Coordinator, who is the Contracting Officer's Technical Representative (COTR) for the collection contract, on (202) 514-8664.

8. VOLUNTARY TESTING: If an employee notifies you that he/she wants to volunteer for random testing, refer them to the Administrative Center or Headquarters Drug Program Coordinator, who will arrange it.

9. REFERRALS: In the event you have to refer an employee to the Employee

Assistance Program, you should be familiar with the EAP program and knowledgeable as to who is your Headquarters EAP coordinator.

10. A FINDING OF DRUG USE: If you become aware of a basis to believe that an employee uses illegal drugs, notify the Administrative Center or Headquarters Drug Program Coordinator. Even if a reasonable suspicion test is not done, there are certain steps that may need to be taken (see page 6)

G-882- Drug and Alcohol Testing Programs Notification

Employee's Requirement to Report

Appendix 1 IMMIGRATION AND NATURALIZATION

SERVICE'S DRUG-FREE WORKPLACE PROGRAM

(Substitute Pamphlet M-336)

The Service has an especially compelling obligation to prohibit illegal drug use because of our law enforcement and drug interdiction responsibilities, as well as the sensitive nature of our work in the implementation of the Immigration and Nationality Act (and related laws). Illegal drug use will not be tolerated by the Service.

The following highlights the Service's Drug-Free Workplace Program which was mandated by Executive Order 12564.

INS plans to conduct five types of testing:

- Random Testing: Employees who are in "Testing Designated Positions," (TDP?s), are subject to random testing and include: officer corps positions, detention enforcement officers, positions in intelligence/law enforcement operations, top management officials, employees with top secret (or higher) clearances, and positions in the Employee Assistance Program; attorney positions involved in drug or terrorism prosecution, computer and communication positions having access to classified or law enforcement information, operators and maintainers of vehicles who carry passengers or security information, aircraft pilots and mechanics, and nurses and firefighters. Because the testing is random, testing may occur at any time. This is the only type of testing that is limited to employees in Testing Designated Positions.

- Applicant Testing: Applicants include outside applicants and employees who are going from positions which are not Testing Designated positions to positions which are. Only candidates who have been tentatively selected for the position will be tested.

- Reasonable Suspicion Testing: Testing based upon reasonable suspicion that an employee may be using illegal drugs is provided under the INS Plan. Employees may request the documentation upon which the test is based, by writing to their Regional or, as appropriate, Headquarters Drug Program Coordinator.

- Accident or Unsafe Practice Testing: This may be required under the following conditions:

1. the accident results in a death or personal injury requiring immediate hospitalization; or

2. the accident results in damages to government or private property estimated to be in excess of $10,000.

- Follow-up Testing: Employees who are found to be illegal drug users, but are not removed from the Service, will be subject to follow-up testing for one year after rehabilitiation.

- Voluntary Testing: Employees who are not in Testing Designated

Positions may volunteer for random testing by notifying their Administrative Center or Headquarters Drug Program Coordinator.

Employees and applicants will be tested for the presence of the following drugs or drug classes: A) Amphetamines; B) Cocaine metabolites; C) Opiate metabolites; D) Phencyclidine (PCP); and E) Marijuana metabolites.

The Service will consider time spent by an employee at the collection site, and travel time if the employee is otherwise in a duty status, to be hours of duty.

When there is a positive test result, the individual will be scheduled for consultation with a Medical Review Officer (MRO) in confidence. The employee will have the opportunity to submit medical documentation that may support a legitimate use for a specific drug.

In the case of a confirmed positive result, the employee may request the MRO to have the sample reanalyzed.

Disciplinary action will be initiated for any employee who is found to use illegal drugs.

Disciplinary measures may range from a reprimand to removal. Illegal drug use is considered to be a very serious offense by the Service.

Drug abuse counseling and referral services are available through the EAP. Employees, on their own, may obtain counseling and rehabilitation assistance through the Headquarters Employee Assistance Coordinator.

Employees in bargaining units have the right to union representation if they wish to file a grievance or are subject to disciplinary action based on a drug use finding.

The Service's drug testing program utilizes state-of-the-art testing equipment. Two analyses will be used; the first is a screening analysis, while the second is a highly reliable confirmatory analysis performed only if the first analysis is positive. The confirmatory test, known as a gas chromatography/mass spectrometry test, is regarded as virtually 100% accurate and has been used for many years by forensic toxicologists and medical examiners for police, legal and court work. Tightly controlled chain-of-custody procedures assure quality, safety, and security of test results and that the results are handled with maximum respect for individual confidentiality.

APPENDIX 2 POSSIBLE EFFECTS AND SIGNS OF DRUG USE

AT THE WORKPLACE

Average Dose Large Dose

MARIJUANA MARIJUANA

Relaxed inhibitions Confusion of time sense Mild euphoria Inability to carry out mental tasks Altered perception Sense of strangeness and unreality about self Fascination with visual and auditory phenomena

Anxiety

Laughter or tears Panic Disoriented behavior Hallucinations Increase in appetite Fatigue Red eyes Paranoia Disturbance in short-term memory

COCAINE/AMPHETAMINES COCAINE/AMPHETAMINES

Dramatic increase in alertness Increase in body temperature and confidence Pulse may become slow and weak Mood elevation Breathing -- shallow and slow Lessened sense of fatigue Possible convulsions, seizures and stomach pains Anxiousness Appearance of being ?wired? Possible circulatory failure and respiratory collapse Loss of appetite Increase pulse rate and Hallucinations blood pressure Delusions

PCP PCP

Dreamlike state or confusion, Effects exaggerated it varies Sweating Paranoia Drooling Sense of dying Muscle rigidity Disorientation Seizures Assaultive Behavior Stupor Psychotic states Illusions Hallucinations Poor perception of time and distance Sweating Slurred speech

Staggering gait Numbness of extremities

BARBITURATES BARBITURATES

Slurred speech Shallow respiration Disorientation Clammy skin Drunken behavior without Dilated pupils the odor of alcohol Weak and rapid pulse

TYPICAL WARNING SIGNS OF SUBSTANCE ABUSE

Performance Deterioration:

- Irregular work pace, diminished ability to concentrate, and signs of fatigue

- Increased mistakes, carelessness, and errors of judgment

Poor Attendance and Absenteeism:

- Increased use of leave, particularly before or after weekends

- Frequent complaints of flu, stomach distress, sore throat, headache, or other vaguely defined illnesses

- Early leaving and extended lunch periods

- Unexplained disappearances from the job (?on-the-job? absenteeism)

Increase in Health and Safety Hazards:

- Higher than average accident rate

- Careless handling or maintenance of machinery and equipment

- Needless risk-taking in order to raise productivity following periods of low achievement

- Disregard for the safety of others

Changes in Attitudes and Physical Appearance:

- Sloppy handling of assignments; frequent ?forgetfulness? or indecision

- Blaming others for own shortcomings

- Deliberate avoidance of colleagues and supervisor

- Decline in personal appearance and hygiene

- Irritability or withdrawal from fellow workers

- Abrupt changes in personality after lunch or breaks

Changes in Office Morale:

- General decline in office morale caused by fellow workers having to cover up for the problem employee

APPENDIX 3 DRUG PROGRAM COORDINATORS

Bureau of Immigration and Customs Enforcement Susan Kollar Administrative Center 802-660-1116 ext. 1416 70 Kimball Avenue South Burlington, VT 05403-6813

Bureau of Immigration and Customs Enforcement Charles Ragland Administrative Center 919-425-4874 Chet Holifield Federal Building 24000 Avila Road P. O. Box 30070 Laguna Niguel, CA 92677-8070

Bureau of Immigration and Customs Enforcement Glarion Webb Administrative Center 214-905-5267 7701 North Stemmons Freeway Dallas, TX 75247

HEADQUARTERS

Bureau of Immigration and Customs Enforcement John Neach/Evelyn Jones 800 K Street N.W. 202-514-8664 Room 5000 Washington, DC 20536

Drug Free Workplace Program (M-336)

Immigration and Naturalization Service Drug Free Workplace Program

M-336 (February 1998)

The Immigration and Naturalization Service (Service) has an especially compelling obligation to prohibit illegal drug use because of our law enforcement and drug interdiction responsibilities, as well as the sensitive nature of our work in the implementation of the Immigration and Nationality Act (and related laws). Illegal drug use will not be tolerated by the Service.

The following highlights the Service’s Drug-Free Workplace program which was mandated by Executive Order 12564.

The Service conducts six types of drug testing by urinalysis:

Random Testing. Employees who are in “Testing Designated Positions” (TDP’s) are subject to this type of testing. Testing designated positions include officer corps positions, detention enforcement officers, positions in intelligence/law enforcement operations, top level management officials, employees with secret (or Higher)clearances, positions in the Employee Assistance Program, Attorney positions involved with drug or terrorism prosecution, computer and communication positions having access to classified or law enforcement information, operators and maintainers of vehicles who carry passengers or security information, aircraft pilots and mechanics, nurses, and firefighters. Individuals are selected for testing using a computer program, which identifies social security numbers of individuals in TDP’s, and randomly selects them. Because the testing is random, testing may occur at any time, at any location, and an individual may be selected more than once. This is the only type of testing that is limited to employees in Testing Designated Positions.

Applicant Testing. Applicants include outside applicants and employees who are going from positions which are not Testing Designated Positions to positions which are.

Only candidates who have been tentatively selected for the position will be tested.

Reasonable Suspicion Testing. Testing based upon reasonable suspicion that an employee may be using illegal drugs is provided for under the Service Plan.

Employees may request the documentation upon which the test is based by writing to their Regional or, as appropriate, Headquarters Drug Program Coordinator.

Accident or Unsafe Practice Testing. This may be required under the following conditions:

The accident results in a death or personal injury requiring immediate hospitalization; or

The accident results in damage to government or private property estimated to be in excess of $10,000.00.

Follow-up Testing. Employees who are found to be illegal drug users, but are not removed from the Service, will be subject to follow-up testing for one year after rehabilitation.

Voluntary Testing. Employees who are not in Testing Designated Positions may volunteer for random testing by notifying their Regional or Headquarters Drug Program Coordinator.

Employee and applicants will be tested for the following drugs or drug classes.

Amphetamines; Cocaine; Opiates; Phencyclidine (PCP); and Marijuana.

We in the Drug-Free Workplace program want to ensure that you are aware of program policies that may affect you and your employment. A positive drug test resulting from any of the circumstances discussed below may result in termination of employment.

The states of California and Arizona passed ballot initiatives which make available to the public by doctor’s prescription or recommendation a variety of illicit drugs under Schedule I of the Federal Controlled Substances Act.

The initiatives are inconsistent with Federal law. The Department of Health and

Human Services has issued policy which provides that the drugs, marijuana, heroin, LSD, and variety of other drugs, have no currently accepted medical use in treatment in the United States.

The use of any Federal Controlled Substances Act, Schedule I drug, violates Federal

Law and the Federal Drug-Free Workplace Program.

The use of another person’s prescription drug, e.g., cold medication or pain reliever, is considered to be illegal use of a controlled substance under the DFWP, and can result in disciplinary or adverse action if you test positive.

Over-the-Counter (OTC) medications purchased outside the United States (U.S.) may contain substances that are controlled in the U.S. by the Federal Controlled Substance Act. Bringing the OTC medication into the U.S. may be considered a federal offense. If you have lawfully purchased a controlled substance for your personal medical use, it must be in the original container with the trade or chemical name of the substance clearly showing on the label; and you must declare possession when entering the U.S. Make sure you know what you are purchasing because you may not only be committing a crime, but you may also be endangering your well-being since foreign countries do not control drugs as in the U.S.

Prescription medications, diet treatments, etc., purchased in foreign countries may contain illicit substances that are controlled in the U.S. by the Federal Controlled Substances Act, and are not obtainable in the U.S. for personal use. Be advised that use of such substances, even if obtained with a prescription from a foreign country, may be considered illegal use of a controlled substance under the DFWP, can be harmful to your health, and can result in disciplinary or adverse action if there is a positive drug test.

HELP YOURSELF TO A BETTER LIFE – DO NOT PURCHASE MEDICATIONS

OUTSIDE OF THE U.S. WITHOUT CONSULTING YOUR PHYSICIAN HERE IN

THE U.S. AND DO NOT USE ANYONE ELSE’S PRESCRIPTION MEDICATION!

The employee or applicant to be tested will provide his or her sample in privacy, unless there is reason to believe that the individual may alter or substitute the urine specimen.

Only a Service drug program coordinator can authorize direct observation of the collection.

Individuals are encouraged to carefully observe the specimen collection process, keeping the specimen in their view at all times prior to its being sealed and labeled. Be sure to verify your social security number on all documents.

The Service’s drug testing program uses state of the art testing equipment. The specimen is sent to a government certified analysis laboratory.

Two analyses will be used; the first is a screening analysis, while the second is a highly reliable confirmatory analysis performed only if the first analysis is positive. The confirmatory test, known as a gas chromatography/mass spectrometry test, is regarded as virtually 100% accurate and has been used for many years by forensic toxicologists and medical examiners for police, legal, and court work. Tightly controlled chain-of-custody procedures assure quality, safety, and security of test results and that the results are handled with maximum respect for individual confidentiality.

When there is a positive test result, the individual will be scheduled for consultation with a Medical Review Officer (MRO) in confidence. The individual will have the opportunity to submit medical documentation that may support a legitimate use for a specific drug. In the case of a confirmed positive result, the individual may request the MRO to have the sample reanalyzed.

Disciplinary action will be initiated for any employee who is found to use illegal drugs.

Disciplinary measures may range from reprimand to removal. Illegal drug use is considered to be a very serious offense by the Service. Applicants who test positive will be denied employment.

Drug abuse counseling and referral services are available through the Employee Assistance Program (EAP). Employees, on their own, may obtain counseling and rehabilitation assistance through the Employee assistance Program.

Employees in bargaining units have the right to union representation if they wish to file a grievance or are subject to disciplinary action based on a drug use finding.

The Service will consider time spent by an employee at the collection site, and travel time if the employee is otherwise in a duty status, to be hours of duty.

Drug Program Coordinators

Bureau of Immigration and Customs Enforcement Administrative Center 70 Kimball Avenue South Burlington, VT 05403-6813

Susan Kollar

(802) 660-1116 ext 1416

Chet Holifield Federal Building 24000 Avila Road P.O. Box 30070 Laguna, Niguel, CA 92677-0070

Charles Ragland

(949) 425 -4874

7701 North Stemmons Freeway Dallas, TX 75247

Glarion Webb

(214) 905-5267

Headquarters 800 K Street N.W.

5th Floor Washington, DC 20536

John Neach/Evelyn Jones

(202) 514-8664

INS Drug-Free Workplace Program Reasonable Suspicion Testing

INS Drug-Free Workplace Program Reasonable Suspicion Testing

There are six types of testing under the Drug-Free Workplace Program. These are random, voluntary, accident/unsafe practice, reasonable suspicion, follow-up, and applicant testing. This fact sheet will cover Reasonable Suspicion testing.

Reasonable suspicion requires:

A standard of proof lower than beyond a reasonable doubt, preponderance of evidence, and probable cause, however, “Hunches” and unsupported speculation are not sufficient to meet the standard.

Benchmarks:

The following may help you identify when you may have reason to suspect illegal drug use:

Direct observation of drug use or possession;

A pattern of abnormal conduct or erratic behavior;

An 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;

Information provided either by reliable and credible sources, or independently corroborated.

Documentation required:

To initiate a Reasonable Suspicion test, thorough documentation is imperative.

To support testing:

The circumstances that formed the basis of the determination that reasonable suspicion exists to warrant a drug test should be detailed in writing;

The report should include, at a minimum, dates and times of drug related incidents, and reliable/credible sources of information;

There must be concurrence from the subject’s second line/higher level supervisor that a test is warranted. The second line/higher level supervisor must also document the specific facts and circumstances that led him/her to that conclusion.

Process to request a Reasonable Suspicion test:

A request for a reasonable test, to include supporting documentation, should be provided to your Administrative Center or to the HQ Drug Free Workplace Program Coordinator for consideration. If approved, a test will be coordinated and scheduled at a site close to the duty station. Instructions for testing will be provided to the supervisor. Test results are normally received within 3 work days from the time of the test.

Who can be tested?

Testing may be required of any employee in a testing designated position (TDP) (e.g., enforcement positions, officer corps positions), where there is a reasonable suspicion that the employee uses illegal drugs whether on or off duty.

Testing may also be required of any employee in any position when there is reasonable suspicion of on-duty drug use or impaired work performance.

An employee who is not a testing designated position (non-TDP employee) cannot be tested for off duty drug use.

Questions?

All questions should be directed to your Administrative Center or the HQ Drug Free Workplace Program Coordinator (202)514-8664. For information on the complete Drug-Free Workplace Program, see the Drug Free Workplace Program: Supervisor’s Guide, February 1998.