FRCSWINST_12792.1A_Civilian_Drug_Free_Workplace.pdf

DEPARTMENT OF THE NAVY

FLEET READINESS CENTER SOUTHWEST

P.O. BOX 357058

SAN DIEGO, CALIFORNIA 92135-7058 IN REPLY REFER TO:

FRCSWINST 12792 .1A

7.3

DEC 1 4 2015

FRCSW INSTRUCTION 12792.1A

From: Commanding Officer

Subj: CIVILIAN DRUG-FREE WORKPLACE PROGRAM

Ref: (a) Executive Order 12564

Encl:

(b) Department of the Navy Civilian Human Resources Manual, Subchapters 792.3 and 752

(c) Department of the Navy Drug Free Workplace Handbook

(d) SECNAV M-5210.1

(e) COMFRCINST 12792.3

(1) Sample 30-day Notice for Random Drug Testing

(2) Reasonable Suspicion Testing Guidance

(3) Post Accident/Unsafe Practice Testing Gui dance

(4) Sample Employee Request for Safe Harbor

(5) Sample Deferral · E-Mail

1. Purpose. The purpose of this instruction is to establish policies and procedures fo r the Commanding Officer, Fleet Readiness Center Southwest (FRCSW) Drug Fr ee Workplace Program (DFWP) in accordance with references (a) through (e) .

2 . Cance l l ation. FRCSWINST 12792.1 . Due to extensive revisions , change s are not noted.

3 . Applicability . This instruction applies to a l l c i vilian employees within FRCSW and applicants tentatively se l ected for Testing Designated Positions (TOP) at FRCSW.

4. Policy . The Department of t h e Navy (DON) promotes a zero tol erance of illegal drug use and is committed to having a drug free workplace . In accordance with DON commitment, the policy of FRCSW follows :

a. All FRCSW personnel will follow the guidance of the DFWP, set forth in references (a) through (c).

b. A random generator program will be used to select for random testing .

FRCSWINST 12792.1A

DEC 1 4 2015

c. FRCSW selections fo r random test ing are made randomly by s hop code , not by individual se l ection, unless the employee is in a position designated Top Secret or Secret , with access to c lassified information.

d. Employees who are detailed, temporarily promoted, or reassigned to a TOP through a personnel action documented by an SFSO , Notificat i on of Personnel Act i on or SF52 , Request for Personnel Action , will be subject to random drug testing duri ng that period , provided the assignment i s expected to exceed 30 days.

e . Each Unit Identification Code (UIC) in the Testing Designated Pool will be in a separate database.

f. Only supervisors one leve l above the supervisor or manager request i ng the test wil l authorize reasonabl e suspi c i on o r post-accident/unsafe practice drug testing. Post- accident /unsafe practice is determined by property damage of $10,000 and/or hospitalization/death .

g. All persons with a confirmed positive or non-negative drug test will be disciplined in accordance with references (b) through (d) .

5. Roles and Responsibilities. The DFWP is a Command program, and supervisors at all levels have responsibilities for ensuring the proper execution and administration of their portion of the

DFWP.

a . The Commanding Officer

(1) Ensure t hat DFWP policies and procedures are carried out at the Command level consistent with this instruction , references (a) through (c) , and any other implementing directives issued by the Deputy Assistant Secretary of the Navy for Civilian Human Resources, or appropriate authorities .

(2) Appoint a primary and alternate Drug Program Coordinator (DPC) in writing regardless of number of TOP.

(3) Ensure mandatory DFWP training is provided to all supervisors and managers. Ensure all DPCs attend mandatory Offi ce of Civilian Human Resources (OCHR) DPC Training.

FRCSWINST 12792 . 1A

(4) Ensure t he provisions of the DFWP are publicized to all employees to include drug awareness, the hazards of illegal drug use, the Employee Assistance Program (EAP) , and Safe Harbor provisions.

(5) Ensure t he Command' s TOP positions are reviewed and a determination made that the positions match the DON-wide TOP list.

(6) Sign, or authorize "By direction" authority to sign, an individual notice to each e mployee whose position has been determined to meet t he criteria of a TOP. Notices must go out at least 30 days prior to the individual being subjected to unannounced random drug testing. Enclosur e (1) is provided as a sample notice to be used .

(7) Authorize each random sampling conducted by the Command . This authority has been delegated to the DPC.

(8) Ensure a procedure is established for employees to volunteer for the random testing program.

(9) Identify the approval level fo r either post accident/unsafe practice or reasonable suspicion drug testing.

The approval level may be re-delegated to no lower than one level above a supervisor or manager requesting the test .

(10) Ensure an employee who has a positive or negative result is immediately taken out of the TOP .

authority to reinstate the e mployee cannot be further non- The delegated .

(11) Ensure necessary disciplinary action is taken following the provisions of references (b) through (d) .

(12) Forward to the Director, OCHR via Echelon I and II Chief of Naval Operations, any request for waivers from references (b) and (c) and any other contracts or interagency agreement s .

(13) Fund tra ining and travel expenses when it is in t he best interest of the Command to establish DPCs at remote locations .

FRCSWI NST 12792 . 1A

b . The Primary DPC

(1) Provide guidance and direction to the Alternate DPC within FRCSW.

(2) Select and schedule drug testing dates.

(3) Serve as subj ect matter expert for any drug program matter within FRCSW.

(4) Revi ew the completed drug testing annual report and e nsure submission to Comma nder, Fleet Readiness Centers (COMFRC) a nd Naval Air Syste ms Command (NAVAIR) Headquart ers during the preceding fiscal year .

(5) Collect quarte rly testing metrics and a na lyze numbers for trends a nd patterns and forward to the Drug Free Program Ma nager at t he Office of Civilian Human Resources.

(6) Provi de guida nce to e mployees , supervisors a nd managers on the DFWP and oversee ma ndatory training .

(7) Receive a ll drug test result s f rom the Medi cal Review Officer (MRO) on b e half of the Command , and ma i n t ai n them in accordance with reference (c ) .

(8 ) Ma nage t he i ssuance of all 3 0-day i ndividual notices t o occupa nt s of TOPs and reta in docume ntation verifying rece ipt o f each notice . Establish a nd ma intain a list i dentifying each pos i tion/occupa n t in the TOP pool .

(9) Arrange each specimen collect ion f r om t he pool of e mployees in TOPs and volunteers per random se l ect i on collect i o n p rocedures a nd coordinate all other types of testing.

(10 ) En s ure t hat collect ions fol low a ll guidance per references (b) a nd (c ) .

(11) Pr ovi de emplo yee and s upervi sor tra ini ng , per reference (c ) . ·

(12) For applicant testing , notify the Human Resources Office, 7.3.1, of a positive or non- negative result for an applicant .

. (13) Ens ure an employee is notified o f his/her positive or non-negative drug test result. Provide negative test information to the employee only upon written request.

(14) In the event of a verified posit i ve or non-negative test result , notify the Commanding Officer , ·Executive Officer, Human Resources Specialist , the EAP Administrator, and the appropriate supervisor or manager having the authority to initiate disciplinary action against the employee. If an employee fails to report for testing without a valid deferral, notify the supervisor and the respective Human Resources Specialist.

(15) Notify urinalysis laboratories if positive/non negative specimens are t o be retained beyond the norma l period of one year.

(16) Notify the MRO, through the Navy DPC , for a retest of a specimen, or if a full documentation package is needed .

(17) Prepare and maintain all documentation and reports on the DFWP .

(18) Maintain al l metrics specified in paragraph 5 .

(19) Notify the Navy ' s Drug Program Manager of any problems with the urine collection , testing lab contractors or contract .

d . The Alternate DPC . Perform DPC duties and responsibilities when directed by the primary DPC or in the absence of the primary DPC.

e . Supervisors

(1) Notify individual employees of a scheduled drug test .

(2) Defer an employee ' s random , volunteer , or follow - up drug test in accordance with the policies in this instruct i on.

DEC 1 4 ?015

(3) Initiate a reasonable suspicion drug test aft e r f irst making appropriate factual observat ions . Reasonabl e suspicion d rug t ests must be in i t iated i n accordance with re f erence (c).

(4) Initiate necessary post-accident/uns afe practice drug tests . Post-accide nt / unsafe practice test i ng guida nce i s provided in re f erence (c ).

(5) Upon a veri fied positive/non-negat ive test resu lt:

(a) Refe r employee to the EAP , in writing, to obtain c ounseling a nd rehabilitat i on. Thi s wi l l be done in coordination with the DPC .

(b) I n itiate appropr iate administrative and dis c ipl i nary action, i n accordan ce with reference (d).

(6) Withdra w the job offer t o a n applicant who has a veri f i ed positi ve/non- negative test resul t .

(7) Participate in initial DFWP education and i n refresher tra ining .

(8) Respond promptly to t he DPC r egarding questions on thei r employees .

(9) Comply fully with references (a) t h rough (e).

f . The Human Resources Office

(1) Provide a dvice a nd guidance to manageme nt on the framing o f c harge(s ) for drug- re l ated o ff e nses for which d isciplinary action is appropriate .

(2) Maintain r ecords and informa tion relating to personne l action s ta ke n agai nst employees , following t h e requ irements set forth in references (b) t h rough (d) .

(3) I ssua nce of 30- Da y Not i ces

(a) Recruitment of employees into TOPs

DEC 1 4 9015

1. Upon receipt o f recruitment Requests for Personnel Action (RPA) , the HRO will verify if the position is a

TDP.

2. HRO will issue the employee the s igned notice a t 'New Employee Orientation (NEO) . The employee will complete the acknowledgement receipt . HRO will then provide the notice to the DPC , enclosure (1).

(b) Reassignment of empl oyees from one TOP to another TOP

1. Upon receipt o f a reas signment RPA, HRO will veri fy if the position is a TDP . HRO will notify the OPC of t h e action and t h e new duty station , if appl icable .

2 . Issuance of a new 30-day notice for a reassignment from a TDP to a TDP is not required .

(c) Reassignment of employees in a TOP to a Non-TDP

1. Upon receipt of a reassignment RPA, t h e HRO will veri fy if the position is a non-TDP . The OPC will be notified of t he action and the effective date .

2. I f the e mployee is reassigned to a non-TDP , t hen destruct i on of acknowl edgement receipt is required upon the ef f ective date of t h e reass ignment.

(d) Reass ignment of employees f rom a non-TDP to a TOP. Upon rece ipt of a reassignment RPA, the HRO will verify i f the position is a TDP . HRO will follow the procedures for a recruitment to obtain t he 30- day notice.

(e) Separation of employees in TDPs. Upon receipt of a res i gnatiort, removal, o r ret ire me n t RPA , HRO will not ify t he DPC of the action and effective date .

(4) Comply f ully with the requirements of t he DON DFWP Handbook, reference (c) .

g. The Office of Civilian Human Resources Operations Center

(OCHR-OC)

DEC 1 4 ·?. 015

(1) Ensure that vacancy announcements include a notice , if applicable , that the position is subject to random drug testing .

(2) Ensure , prior to maki ng a final offer of employment or processing another type of position placement action that a required drug test has been conducted, test results received , and the applicant is eligible for hire or placement.

(3) Enter the appropriate data into Defense Civilian Personnel Data System DCPDS.

(4) Issue the DFWP General Notice to all new employees during the Entry on Duty process.

(5) Maintain records and information re l ating to the candidate ' s el igibility for hire in accordance with reference

(c) .

h. Remote Site DPCs

(1) Provide testing oversight in t heir specified location .

(2) Complete the OCHR sponsored DPC cert i fication course and maintain their certification through required refresher training .

6. Metrics . The metrics to be gathered for DFWP are :

a . DPCs Performance Metrics

(1) Percentage of urinalysis tests conducted against number of persons in TOPs (mandatory compliance program metric ) .

(2) Number of persons given 30-day l e tters compared to number of personnel who must receive them (mandatory compliance program metric) .

FRCSWINST 12792 .1A

DEC 1 4 -?015

(3) Length of time from r eceiving a request f or n ew applicant drug t esting unti l the drug test is scheduled (timelines s perf orma nce measure) .

(4) Number of validated customer complaints (customer satisfaction me a s ure ) .

(5) Length of wait time from candidate ' s arrival fo r random drug testing to actua l sample donation (customer satisfact ion measure ) .

b. Test Result Metrics. Number of persons drug tested/number of pos itives (mandatory compliance program metric and to develop Comma nd trends ).

c. Other Metrics . Number of times an employee has been deferred (to a nalyze potential department /divis ion /branch issues a nd to improve process performance) .

7 . Records Management. Records created as a resul t of this instruct i on , regardl ess of media and format , shall be managed in accordance with reference (e ) .

8 . Types of of testing .

drug testing

Testing. The DON DFWP includes six different types Reference (c) provides the technica l guide l ines for i n each category .

a . Applicant Tes t ing

(1) Pre - employme nt /applicant drug test ing will be required of all individuals tentatively selected for a TOP .

Selections may include those made under merit promotion procedures or any other personnel action resulting i n the placement of a n individual in a TDP. Referrals from the Priority Placement Program (PPP) to a TDP are not except i ons f rom pre-employment testing .

(2) Pre- employment/applicant testing is not required under t he following condit i o ns :

(a) The individual curren t ly occupi es a TDP within t he Department of Defense .

(b) When an active duty milita ry membe r is selected and he or she will have a break-in-service from mi litary to civi l i an duty which i s t hree days or less .

(c) The selection involve s only a temporary position change of 30 days or less.

(d) When conducting reasonable suspic i on , acci dent , or mi shap testing, the DON may t est for any d rug listed in Schedule I or II of the Contro l led Substances Act, 21 U. S.C . §

812 .

(3) Pre-empl oyment/applicant test ing is not appl i cabl e to management directed reassignments , details , demot ions , upgrade to security clearances , or placement made under reduction- i n-force.

b . Random Testing. Testing of indivi duals currently ho lding TOPs based o n a random selection . The DPC will compile the activity/Command list of TOPs which form the activity/Command TOP pool f or random testing. The Secretary of the Navy reserves the right to increase the frequency o f t esting based on Department of the Navy's mission needs and availabil i ty of resources.

c . Vol untary Test i ng . Employees not identified by other means as subject to testing under t he DFWP can volunteer t o participate in the random t esting program by submitting a sign ed r equest to their site ' s DPC. Such employees are i ncluded in the pool of TOPs a nd are subject to the same conditions and procedures for random test ing . An employee who volunteers to be included in t he random testing program can withdra w from t h e random program at any t ime , even aft er being notified of an impending random drug test. A volunteer ' s withdrawal from the r a ndom testing program must be in writing and be submitted to the DPC.

d . Reasonable Suspicion Test i ng

(1) First line s upervisors or higher management offici als , are authorized to request testing o f an emp loyee whe n t here is reasonable suspicion based on speci f ic objec tive facts a nd reasonable infe r ences drawn from t hose facts that the employee has used illegal drugs . The supervisor / ma nager requesting the test must gather the data and facts supporting the conclusion that the employee has used illegal drugs . A reasonable suspicion t est may be authorized for employees in TOPs when management has a reasonable suspicion that an employee is using drugs illegally. A test may be authorized for non-TOP empl oyees only when management has a reasonable suspici on that the employee is using drugs illegally on- duty or performing work while drug-impaired. Although reasonabl e suspicion testing does not requi re certainty, mere hunches or rumors are not sufficient cause. Enclosure (3) provides additiona l guidance on testing requirements .

(2) If the employee is suspected of illegal use of drugs , the appropriate supervisor or management official will gather all information , facts , and circumstances leading to and supporting this suspicion. At a minimum, the request for approval will contain documentation of the i ncident(s ), reliable and/or credible sources of informat i on, and reasons leading to the request for testing. If the collection i s to be performed under direct observation, e . g. there is reason to believe that the individual may alter or substitute the specimen , the reasons for requiring direct observat i on must also be documented .

Approval for testing must be received from at least one l evel above the supervisor or manager requesting the test . If practicable , the decision to conduct a test will be made the same day the event or behavior occurred or a soon as management becomes aware of the event or behavior.

(3) On receipt o f the approved supporting documentation from the reques t ing official , when possible , the OPC will usually arrange for the collection to be conducted i1nmediately, on the same day as the test was approved by management. If a bargaining unit employee requests that the a ppropri a te uni on be notified of the test , documentation of t he reasons for the test may be reviewed by the employee's union representative . The DPC wil l ensure that all aspects of the reasonable suspicion test are conducted in compliance with reference (c) .

(4) If a n employee believes that he/she is being sent for reasonable suspicion testing for punit i ve r easons , the employee may pursue this matter under the appropriate grievance procedure; however , the pursuit of a grievance will not be a bas i s for delay of a reasonabl e suspicion test.

e. Post-accident/unsafe practice

DEC 1 4 7015

(1) Employees are subject to post-accident/unsafe practice drug testing when they are reasonably suspected of having caused or contributed to an accident or unsafe work practice that meets either of the following criteria (See enclosure (4) for additional guidance):

(a) The accident or unsafe practice resul t s in a death or personal i njury requiring hospitalizat ion.

·(b) The accident or unsafe practice results in damage to government or private property estimated to be in excess of 10 ,0 00 dollars.

(c) First line supervisors or higher management officials are authorized to request drug test ing of an e mployee who caused or contributed to an on-the-job accident or unsafe , on-duty , job-related activity that meets either of the criteria stated above. The supervisor/manager requesting the test is responsible for gathering all information, facts , and circumstances to support a request for a drug t est . After gathering the required information , the requester will r equest the drug test by follo\v ing the same procedures listed above for Reasonable Suspicion Testing . Reference (c) provides a sample drug-related incident report.

f . Follow-up Testing

(1) All DON employees referred through administrative action to counsel ing or rehabilitation through EAP for illegal drug use will be subject to unannounced drug t esting as a follow-up to his or her program. The empl oyee wi ll be tested for a period of at least one year or for such time as specified in a n abeyance agreement , rehabilitation plan , or other form of written agreement.

(2) Documentation . The abeyance/last c hance agreement, rehabi l itation plan , or other form of written agreement will be retained and serve as evi dence that the employee was aware of the requirement for foll ow-up testing.

(3) Notification . The EAP Administrator or Counselor wil l notify the supervisor or manager a nd the DPC in writing upon an empl oyee 's failure to complete the init ial or i n-patien t c ounseling or rehabilitatio n fo r i llegal drug use or as part of the rehabilitation process in order for fo l low-up testing to be initiated.

(4) Frequency. Employees subject to follow-up test i ng will be tested as freque nt as determined neces sary by the local activity/Command. The rate should not be specified in the agreement or rehabilitation plan , nor should the employee be given a n additional notification time period other than what is needed for the employee to report to the testing site .

(5) Deferral of Testing. The conditions o f granting a deferral of follow-up testing are the same as t hose of random t esting.

(6) Collection Procedures . To ensure strict chain of custody and specimen control , fol low-up testing will be conducted under direct observation .

9 . Voluntar y Sel f -Referral for Safe Harbor a . Reference (b) requires agencies to provide an opportunity for assistance to those e mployees who voluntarily see k treatment for drug use. This opportunity, terme d "Safe Harbor" insulates the e mployee from discipline for admitted acts of using il legal drugs when the agency is unaware of s u c h use .

Enclosure (5) is a Sample Request for Safe Harbor . DON will offer Safe Harbor for a ny e mployee who meets a ll of the following condi t ions :

(1) Voluntaril y identifies himself or herself as a user of illegal drugs to a supervi sor or other higher level management offici al prior to being identified through other means and/or before being officially informed of an impending drug test .

(2) Obtains counseling and rehabilitation through EAP .

(3) Consents , in wri t ing , to the release to appropriate ma nagement and EAP officials of al l counseling and rehabilitation records related to the il l egal us e of drugs .

DEC 1 4 ~0 15

(4) Agrees to follow-up test i ng by t h e activity/Command as part of or as post treatment of counse l i n g or rehabili t ation .

(5 ) Sub s equently refrain s fr om i l l egal use of drugs .

b . All o f t h ese conditions must be d ocumented i n t h e agreement bet ween ·the employee and t h e a ctivity/Command.

Commands will provide a copy of this agreement to the activity

DPC.

c. An e mployee who admits to d r ug use after being notified t h a t h e or she i s scheduled for a drug test or just after a specime n is collected, or who is found to use drugs on the basis of o t her approp r i ate evi dence (e . g . , d i rect observation or evidence obta i ned from an arrest or crimi n a l conviction) i s not eligible for Sa f e Harbor . Safe Harbor is fo r illegal users of drugs , not d rug d ea l ers or those involved in other drug-related mi sconduct.

d . An empl o yee who meets Safe Harbor cond i t ions wi l l not be subject to d i sc i p l i n e for the admitted act s of illegal use of drugs , includin g possessi on , for persona l use . However , if the employee occupi es a TDP subject to random testing , he or she must immediately be removed from the TOP.

e. A supervisor wil l propose removal action against an e mp l oyee wh o invo kes Safe Harbor and subsequently tests pos i tive for illegal drugs. The subsequent positive drug test is deemed a second finding of il l egal drug use.

f . Safe Harbor does not protect the empl oyee from actions taken resu l tin g from a l oss of secu rity c l earance .

10. Deferra l a . Supervisors will use discretion when issuing deferrals .

A deferral will only be issued if the e mployee cannot make it to the testing s i te during the schedul ed testing times . Defe rrals for e mployees identified for random dru g testing \·Jill be allowed for the follow i ng reasons onl y :

(1) Candidate is in a non-duty status , such as annual leave , sick leave , leave without pay , or suspension .

(2) Candidate is on official travel.

DEC 1 4 2015

(3) Candidate i s working a different shift.

(4) Candidate is attending off-site training.

(5) Candidate is performing a tas k or project that requires the employee's presence at the work site during the scheduled testing times.

b. Other deferrals will be considered on a case-by-case basis with the DPC having final approval authority.

c. When an employee is identi fied for drug testing, only the following individuals may authorize and provide deferrals for those who are unavailable:

(1) Immediate Supervisor (or "acting supervisor").

(2) Supervisors higher in the employee's chain of Command.

(3 ) Department Deputies.

d. All deferrals will be i n writing and include the employee ' s name , reason for deferral , the approxima t e date when the employee wil l be available for drug testing (if known), and the name a nd title of t he person providing the deferral.

Enclosure (6) is provided as a sample deferral e-mail.

e. TDP employees deferred from a previous test wil l be called for test ing again at the next urinalysis testing day , and at each s ubsequen t testing da y until they provide a sample.

11. Positive Test Results a . Verified positive/non-negative . A verified positive t est result is defined as a laboratory analysis confirming the presence of an illegal substance in the uri ne sample. Illegal substances include prescription medication not in the employee's name. A non-negative test result is defined as a substitution o r adulteration of the urine sample that renders the sample un testable for i l legal substances , such as animal urine , water with food coloring , etc.

b. Refusal. Refusal describes an instance where an employee refuses to provide a urine sample . It differs from failing to appear to give a sample in t he absence of a deferral.

If an empl oyee refuses to furn ish a urine s p ecimen or fails to r eport for testing as directed, that individual will b e subj ect to the same range of administrative action as a verified positive test resul t for illegal drug use.

c . Failure to appear without a deferral. Any deferrals must be appr oved prior to t he specified time of the drug test or before the end of the test ing window if one is used . While the drug program r equirements differ from a verified positive , disciplinary action will be per reference (d) .

12 . Training a . Employee Education . The DPC will offer drug education to all personnel . Training must explain the relationship between the drug testing program and EAP as well as relevant provisions of t he DFWP such as treatment , rehabilitation , confidentiality , and "safe harboru. Part icularly salient issues include a range of disciplinary acti ons that can be taken for verified positive or non-negative t est results, conseque nces of r efusal to provide a specimen , failure to appear for testing or specimen adulteration/substitution. The drug education process may be accomplished through formal c l ass room sessions , distribution of written materials , employee forums , web based or video CD/DVD interactive training , employee drug awareness days or other means deemed appropriate.

b. Supervisory Training. DPC wil l provide training to assist supervisors a nd managers i n recogni zing and addressing the illegal use of drugs b y agency employees . This training is required for a ll supervisors and managers by reference (a) .

This training may be incorporated into the ongoing supervisory training program required of individuals within the f irst six months of assuming s upervisory duties . After initial DFWP training , superv isors will participate in DFWP traini ng every three years. Such training should i nclude information on :

(1) Department of the Navy policy on the illegal use of drugs.

FRCSWINST 12 792 . 1A

DEC 1 4 ~015

(2) The supervisor ' s role in the DFWP .

(3) How t o recognize, d ocumen t , and deal with employee performance and conduct problems due to the illegal use of drugs.

(4) The role of the DPC, EAP Administrator, MRO , and drug testing laboratory and personnel .

(5) The supervisor ' s responsibilities to offer EAP servi ces and take required administrative and discipli nary actions.

Distribution :

Ol. tl. !2/~

T. H. PFANNENSTEIN

Electro n ic only , via https://mynavair.navair . navy . mil/frcsw

From:

To:

Subj:

Ref:

FRCSWINST 12792.1A

7 . 3

DEC 1 4 2015

Sample 30-Day Notice for Random Drug Testing

Commanding Officer (Mr., Mrs., Ms . , Employee Name, Title, Series, and Grade)

NOTICE OF RANDOM DRUG TESTING UNDER THE DEPARTMENT OF THE

NAVY DRUG-FREE WORKPLACE PROGRAM

(a) E.O. 1 2564, Drug-Free Federal Workpl ace

1 . You were advised by a Gen eral Notice from the Secretary of the Navy dated , that the Department of the Navy (DON) implemented drug testing as part of t h e Drug-Free Workplace Program (DFWP) . Your position meets the criteria for designation as a "Testing Designated Position (TOP)." This means you are subject t o random dru g test ing under the DON DFWP .

Performance of the duties of your position is sufficiently cri tical to this activity that screening to detect the presence of drugs is warranted as a requirement o f your position . I t is mandatory for your continued employment in t his position , that you refrain from the use of illegal drugs and , when directed , submit to drug testing .

2. No sooner than 30 days from receipt of this notice , you may be subject to random drug testing on an unannounced basis for marijua na , cocaine, opiates , amphetamines , phencyclidine (PCP) and speci men validity testing . You wil l receive specifi c i nstructions concerning when and where the test will be conducted i mmediately prior to the test. You will be allO\ved individual privacy while providing the urine specimen unless , as delineated in the DFWP , there i s reason to believe the specimen will be altered or s ubstituted . To ensure the accuracy of the test result, the collection , handling , and testing of the urine specimen will be conducted under strict chain of custody procedures establis hed by the Department of Hea l th a nd Human Services Guidelines for Federal Workplace Drug Testing Programs .

The procedures u sed to test the urine specimens are very accurate and tightly monitored to e nsure reliable resul ts . The test resul ts wil l be handled with maximum respect for individual confident iality. In the event your specime n tests positive or non-negative , you will be given an opportunity to submit medical documentation to the designated Medical Review Officer to

Enclosure (1) establish your legitimate use of the specific drug(s) before any admin istrat ive action will be taken .

3 . If you refuse to furnish a urine specimen , f ail to report fo r testing as directed , or substitute or adulterate your specimen , you will be subject to discipline for failure to meet a condition of employment. The range of disciplinary action will be the same as for a verified positive test result for illegal drug use or for failure to meet a condition o f e mployment. If, by any means , illegal drug use is detected , you will be subject to the following administrative actions mandated by reference (a) .

a . You will immediately be taken out of your TOP through reassignment, detail , or other personnel action to ensure that you do not occupy a TOP. I may restore you to your TOP as part of your successful partic ipation in a rehabi litation or counseling program.

b . You will also be referred to the EAP as required by reference (a) .

4. In addition, disci plinary action , up to and including removal from the Federal Service , will be initiated. As required in Executive Order 12564, a removal action will be initiated if you refuse to obtain counseling or rehabilitation through the EAP after being found to use illegal drugs or for a second f inding of illegal drug use.

5 . If you believe you have a drug problem, you are encouraged to seek counseling and/or referral services by contacting the EAP (provide name, address, and telephone number). If you voluntari l y identi fy yourself to your supervisor or other higher level management official as a user of ill egal drugs prior to being so identified through other means such as drug test ing , seek counseling and/or rehabilitat i on assistance , and thereafter refrain from using illegal drugs , you will not be subj ect to discipline for your prior drug use. This immuni ty from discipline under these circumstances is referred to as Safe Harbor . It is important to note that once you are informed of an impending drug test , you are no longe r eligible for Safe Harbor . Further , if you are convicted of a drug-re lated offense , you will not be e ligible for Safe Harbor from discipline for those actions.

2 Enclosure (1)

DEC 1 4 1015

6. If you believe your position has been wrongly designated as a TOP , you may request a review of the determination . Such a request must be submitted, in wr iting , to me (insert address ) within 15 days of the receipt of this notice . It should state the reasons why you believe your position should not be a TOP and include all other relevant information. My decision is not subject to further review nor is it grievable under the administrative grievance procedure. If you are a member of a bargaining unit , you must seek review of your position designation through your negotiated grievance procedure , unless the agreement specifically excludes such decisions from the negotiated procedure.

7. As stated in the general notice (given to all employees by Office of Civilian Human Resources Operations Center when hired) announcing the Program, you, as well as all DON employees , may also be subject to testing due to reasonable suspicion , involvement in an accident or safety mishap, and as part of or follow-up to a rehabilitation and/or counseling program for illegal drug use . When conducting reasonable suspicion , accident , or mishap testing, the DON may test for any drug listed in Schedule I or I I of the Controlled Substances Act, 21 U. S.C . § 812, not just the five previously identified in paragraph 2 of this notice.

A . B . SEA

3 Enclosure (1)

7 . 3

DEC 1 4 ?015

Reasonable Suspicion Testing Guidance

1. Det ermination of Reasonable Suspicion

a. A test may be authorized when management has a reasonable suspicion that any employee in a Testing Designated Position (TOP) is us i ng illegal d rugs. This be l ief must be based on specifi c objective facts and reasonable inferences drawn from those facts. Reasonabl e suspi cion testing of an employee in a TOP may be based upon , but is not limited to , the follow i ng factors:

(1) Observable phenomena s u ch as d i rect observation of drug use, or possession, and/or the physical symptoms of being under the influence of a drug.

(2) Arrest or conviction for an off-duty drug-related offense , or the identification of an empl oyee as t he focus of a criminal invest i gation into illegal drug possession , use, or trafficking .

(3) I n formation provided e i ther by a reliable and credible source , or a source independentl y corroborated .

(4) Newly d i scovered evidence that the employee has tampered with a previous drug test.

(5) The temperature and color of the urine specimen , and other evidence that indicates probable adulteration, tampering , or other substitution .

b. Although reasonabl e suspi cion drug testing does not require certainty, mere hunches or "rumors" are not suffici ent to meet this standard .

c . A drug test may only be authori zed for an employee in a non-TOP when management has reasonable suspicion that the employee is us i ng drugs illegally on-duty or performing work whi le d r ug i mpa i red .

Enclosure (2)

2. Authorization

FRCSWINST 12792. 1A

DEC 1 4 ?Of5

a. If an employee is suspected of illegal use of drugs, the appropriate supervisor or management off icial will gather all information , facts and circumstances leading to , and supporting , this suspicion.

b. Approva l for testing mus t be received from at least one level above the supervisor or manager requesting the test .

c. If practicable , the decision to conduct a drug test will be made the same day the event or behavior occurred, or as soon as management becomes aware of the event or behavi or. The DPC wil l then be notif ied o f the requirement to arrange for a t est.

3 . Types of Drugs . In addition to testing for cocaine, marijuana , amphetamines , opiates , and PCP , the Command performing the reasonable suspici on test are authorized to inc l ude any drug on Schedules I and II of the Controlled Substances Act. The Command must specify the drug or drugs for which they request the employee be tested on the Federa l Custody and Control Form .

4 . Documentation

a. The appropriate supervisor or manager will write, in detail , the circumstances which warranted the drug test . At a mini mum, the report will include the appropriate dates and times of reported drug- related incidents , reliable and/or credible sources of informat i on, reasons leading to the drug test, and concurrence from one level above the supervisor or manager requesting the test.

b . If the collection is to be performed under direct observation, the reason for this method of collection must be documented .

c. The DPC will re t ain a copy of all documentat i on.

5. Scheduling a . When possible , the DPC will arrange for col lection the same day as the drug test is approved by management.

2 Enclosure (2) b . The drug test must be conducted without regard to the employee ' s regula r work shift, etc., and overtime pay or compensatory time wi ll be provided as needed.

6. Notification

a. The supervisor, if not directly involved i n the reasonable suspici on determination , will be notified by the DPC that an emergency collection procedure has been initiated . If the immediate supervisor is not available, the next h igher level supervisor will be contacted. The DPC will provide the supervisor with the time and location of the collection and any necessary information to be conveyed to the employee .

b . After the DPC confirms the time and location , the supervisor or management official will notify the employee of the drug test , and issue the specific written notice that he or she is being tested for reasonable suspicion. The empl oyee will be informed of the exact time and location of the drug test and directed to take appropriate photo identification to the test site. The supervisor , or other management official , will escort the employee to the site.

7. Collection Procedures

a. The employee will provide a urine specimen under direct observation if there is a specifi c reason to believe that the employee may alter or substitute the specimen .

b . If there is not specific reason to believe that an employee may alter or substitute the specimen , standard unobserved collection procedures should be followed .

3 Enclosure (2)

FRCSWINST 127 92 . 1A

7.3

DEC 1 4 ?015

Post-Acc ide nt/Unsaf e Practi c e Te sting Guidance

1. Determination

a. Commander , Fleet Readiness Center Southwest (FRCSW) is committed to providing a safe and secure work environment . It a lso has a legitimate inte rest in d etermining t he cause of serious on - the-job accide nts or unsafe, on-duty , job-related act ivity so that it c an undertake appropriate corrective measures . Drug testing after an accident , or unsafe practice , can provide invaluable i nformation i n furtherance of that interest. Accordingly, empl oyees may be subject to drug testing based on the c irc umstan ces of a n on-the-job accide nt or unsafe practice that meets either of the following criteria:

(1) The accident or unsafe practice results in a death or personal injury requiring hospitalization .

(2) The accident or unsafe practice results i n damage to governme n t or private property est imated to be in excess of $10 , 000.

2 . Au t horization. If a supervisor or manager s uspects that an e mployee has caused or contributed to an on-the-job accident or unsafe, o n -duty , job-related activi ty t hat meets either of the criteria s t ated i n paragraph 1, he or she wil l gather all informat i on , f acts , and circumstances l eading to t he acci dent or unsafe practice . Approval for drug testing must be received from one level above the s upervisor or ma nager r equesting the test . If p racticabl e , the decision t o conduct a drug test will be made the same day of the event or behavior. The Drug Program Coordinator (DPC) will then be notified of t he requirement to schedule a test.

3 . Types of Drugs . In addi tion to testing for cocaine , marijuana , amphetamines, opiates , a nd PCP , the Command performing the post-accident, or unsafe practice t esting, are authorized to include any drug o n Schedules I and II of t he Controlled Substances Act . The Command must specify the d rug( s ) for which t hey request the e mployee be tested on t he Federal Custody and Control Document .

Encl osure (3 )

DEC 1 4 .?015

4 . Documentation. Once approval has been obtained for testing , the supervisor will prepare written documentation which , at a minimum, will include the date , time , and circumstances surrounding t he incident , the reasons leading to the test , concurrence from one level above t he supervisor or manager requesting the test, findings of the test, and any action taken .

5 . Scheduling. When possibl e , the DPC will arrange for the collect i on on the same day as the incident . The drug test may be conducted on the same day as the incident . The drug test may be conducted without regard to the employee ' s regular work shift , etc. , and overtime pay or compensatory time will be provided as needed .

6 . Notification a . The supervisor , if unaware of the incident, will be notified by the DPC that an emergency collection procedure has been initiated . If the immediate supervisor is not available, the next higher level supervisor \~ill be contacted . The DPC will provide the supervisor with the time and location of the collection and any necessary information t o be conveyed to the employees.

b. After the DPC confirms the time and locat i on , the supervisor or management official will notify the employee of the test and issue the specific written notice that the employee is being tested because of the accident or unsafe practice .

7. Standard Collection Procedures. Standard collection procedures must be followed to ensure strict chain of custody a nd specimen control.

2 Enclosure (3)

From:

To :

Supervisor

FRCSW DPC

FRCSWI NST 12792 .1A

DEC 1 4 ?n15 Sample Deferral E- mail

Subj : Dr ug Testing Deferral for (employee's name)

I am i ssuing a deferra l for (employee ' s name) for drug testing taki ng place on (testing date) . (employee ' s name ) cannot make it to the testing site dur i ng the schedul ed t ime because (reason for def erral). He/she will be available fo r testing a fte r (date of return) .

Supervisor ' s Name and Title

Encl osure (4)

DEC 1 4 "G!5

Sample Employee Request for Safe Harbor

MEMORANDUM

From:

To:

Via :

Subj :

Na me of Requestor Activity Head/Commander

(1) Immediate Supervisor

(2) Activity Drug Program Coordinator

REQUEST FOR SAFE HARBOR

1. I voluntarily ide nt i fy myse l f as an illegal user of drugs a n d request Safe Harbor under t he provisi ons of t he Departme n t o f Navy Drug-Free Workplace Program . I understand t h i s means I will not be sub j ect to disciplinary action during my rehabilitation period but that i f I o c cupy a sensitive position , I will not be permitted to continue performing t hose duties . I fu r t her understand this ma y cause my loss of security clearance , whic h may result in my removal from Feder a l Servi ce . I voluntarily agree to the follo wing conditions :

a . To obtain counseling and rehabilitation through the Civilian Employee Assistance Program .

b . To be tested by t he activity/Command as part of , and as follow-up t o , counseling and rehabilitation .

c . To release to t he appr opriate management and EAP officials all counseling a nd r e habilitation records related to my illegal use o f drugs .

d. To r e frain from any subseque nt illegal use of drugs .

(Signature)

(Printed Name)

Encl osure (5)