NUREG/BR-0135, Rev. 3, 'Drug-Free Workplace Program.' · establishing and monitoring a drug-free...

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Drug-FreeWor,kplaceProgram

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INTRODUCTION

Achieving a drug-free America is one of our nation'shighest priorities. President Reagan directed the Federalgovernment to work toward a drug-free workplace andsigned an Executive Order to assist in that effort. As aresult of our national security and public health and safetyresponsibilities and the sensitive nature of our work, weat the NRC have a compelling obligation to detect andeliminate illegal drug use from our workplace. We canachieve that objective by increasing our understanding ofthe impact the use of illegal drugs will have on ourselvesand our families, and by maintaining our commitmentto counseling and rehabilitation. In this way, we upholdour responsibilities to ensure a drug-free workplace whileprotecting the rights and the dignity of the individualemployee.

NRC developed a comprehensive Drug-Free WorkplacePlan that includes extensive awareness and educationopportunities for all employees, drug testing, counseling,and provisions for rehabilitation for employees whouse illegal drugs. This brochure has been developed toprovide general information and answer common questionsemployees may have regarding this plan. If you have anyquestions not addressed in this brochure, please obtain acopy of the NRC Drug-Free Workplace Plan (NUREG/BR-0134, Rev. 1) or call the Division of Facilities and Security,Office of Administration at 301-415-6546.

1 NUREG/BR-0135, Rev. 3

THE EMPLOYEE ASSISTANCE PROGRAM

An important component of the NRC Drug-Free WorkplacePlan is the Employee Assistance Program (EAP). Throughthe EAP, the NRC offers a helping hand to those who needit, while sending a clear message that any illegal drug useis, quite simply, incompatible with Federal service. Toaccomplish this, the EAP publicizes the agency's alcoholand drug abuse policy and offers assistance to employeesand family members dealing with alcohol and drug-relatedproblems.

Who may use EAP services?

EAP services are available to all employees as well as tofamily members of employees, when feasible. To takeadvantage of these services, employees may self-refer, maybe referred by a manager or other agency official, or maybe referred as a result of a positive drug test.

Are EAP services confidential?

Employees who enter the EAP are treated in a confidentialmanner. All communications and records are protectedby Federal law (10 CFR Part 2). However, informationregarding the diagnosis, treatment, and progress of thosewho are referred as a result of a positive drug test must bemade available to appropriate management officials fordecision-making purposes.

NUREG/BR-0135, Rev. 3 2

What are EAP services?;

EAP can provide

* crisis intervention, professional confidentialshort-term counseling and follow-up, and referralto community resources, on a 24-hour basis, toemployees with alcohol, drug, mental health, andother personal problems;

* assessment, referral to an appropriate treatment ordrug education program, and program monitoringfor those employees who have a positive drug test orwho self-refer under the "safe harbor" provision; and

* counseling and assistance to families of employeeswith alcohol or drug problems and to employees withfamily members who have alcohol or drug problems.

For additional information on EAP services, please contactthe EAP Manager at 301-415-7113.


SUPERVISORY TRAINING ANDEMPLOYEE EDUCATION

Employee education and training plays a vital role inNRC's ability to maintain a drug-free workplace. Howwell the NRC educates its employees on the dangerouseffects illegal drug use has on public health and safety aswell as the employee will greatly determine its success.The NRC has developed many ways to inform employees,including the distribution of written material, lending ofvideotapes, providing lunchtime programs, formal training,and presenting employee drug awareness days.

What do employees learn from this?

By participating in these various programs, employees canlearn

* the effects of illegal drug use on performance andconduct;

* the symptoms of drug use;

* the programs available to employees, including theEmployee Assistance Program and the Safe HarborProgram; and

* the relevant treatment, rehabilitation, and confidentialissues.


Are supervisors required to take any specialtraining?

Because supervisors and managers play a key role inestablishing and monitoring a drug-free workplace, theNRC requires training for all supervisors and managerson how to recognize and address illegal drug use byagency employees. The purpose of this training is to helpsupervisors and managers understand

* NRC policies relevant to work performanceproblems, illegal drug use, and the EAP;

* the responsibilities of offering EAP services;

* the importance of recognizing and documentingemployee performance and behavioral changes;

* the roles of the medical staff, the supervisor, and theEAP Manager;

* the ways to use the EAP;

* the EAP role in the performance appraisal anddisciplinary process; and

* the process of reintegrating employees into theworkforce following treatment.

For additional information on mandatory supervisorytraining and employee education, please contact the EAPManager at 301-415-7113.


THE DRUG TESTING PROGRAM

Impaired judgement or reliability by employees as aresult of drug use could have disastrous, immediate, andlong-term effects upon public health and safety, the qualityof the nation's environment, and national security. Thepurpose of the NRC Drug Testing Program is to identifyillegal drug use in a carefully controlled and monitoredmanner while respecting the employee's personal dignityand privacy so as to achieve a drug-free workplace.

Who is tested?

As part of the NRC Drug Testing Program, any NRCemployee is subject to drug testing should one of thefollowing categories apply.

Random testing. Unannounced testing whereby allemployees in testing-designated positions have anequal statistical chance of being selected for testingon a scientifically valid basis. Employees in testingdesignated positions receive notification prior to theirinclusion in the random test pool. An employee who isselected for a testing-designated position and who hasnot been subject to random drug testing immediatelyprior to selection will be placed in the pool for randomdrug testing upon entry into the testing-designatedposition. Approximately 1700 employees are coveredby random testing.

Reasonable suspicion testing. Testing conductedwhen management has reason to believe that anemployee may be using illegal drugs. Management's

NUREGIBR-0135, Rev. 3 6

belief must be based on specific objective facts andreasonable inferences from these facts.

Applicant testing. Testing of tentative selectees fromoutside the NRC for testing-designated positions aresubject to pre-employment or pre-appointment testingfor illegal drug use.

Injury, illness, unsafe or unhealthful practicestesting. Testing of employees authorized because ofan accident or unsafe practice that occurred during theperfornance of the employee's job.

Voluntary testing. Testing provided at the employee'srequest. Volunteers are included in the pool ofemployees in testing-designated positions subject torandom testing. Volunteers are subject to the samefrequency, conditions, and procedures as employees intesting-designated positions.

Follow-up testing. Testing of employees who havecompleted an NRC approved treatment program. Theseemployees are subject to unannounced follow-uptesting for a specified period of time followingtreatment.

What provisions are made to ensure that"reasonable suspicion" testing is not abused?

The NRC Drug Testing Program provides specificguidelines for authorizing reasonable suspicion testing.The authorization must be based on specific objective factsand reasonable inferences drawn from these facts and mustbe concurred in by an Office Director or above. "Hunches"or anonymous calls are not in themselves sufficient to meetthis standard. Reasonable suspicion can be based on, for


example, direct observation of drug use, observation of thephysical symptoms of being under the influence of a drug,identification of being the focus of a criminal investigationinto drug-related activities, or arrest or conviction for adrug-related offense.

Which drugs does NRC test for?

The NRC random, applicant, follow-up, and voluntaryprograms test for the following five classes of drugs:marijuana, cocaine, opiates, phencyclidine (PCP), andamphetamines; however, additional classes of drugs maybe added to the panel by the U.S. Department of Health andHuman Services (HHS). When conducting injury/unsafepractices or reasonable suspicion testing, NRC may test forany drug(s) (including those mentioned above) identifiedin Schedule I or II of the Controlled Substances Act, asdeemed necessary.

What are the testing procedures?

HHS Mandatory Guidelines establishes scientific andtechnical guidelines for Federal agencies' workplace drugtesting programs and establishes a certification programfor laboratories engaged in urine drug testing for Federalagencies.

NRC allows the use of a split specimen method ofcollection. Provided a minimum volume of specimen isprovided, it is split into two specimen bottles. The firstbottle is used for the drug test. A negative result is takenas evidence that the employee has not recently used thedrugs for which she or he was tested. If this initial testis positive, a more specific test on a second portion of


the same specimen is conducted. If a negative result isobtained, then the overall test result is reported as negative.However, if a positive result is obtained, the processcontinues.

All confirmed positive results are reviewed by a MedicalReview Officer (MRO). The MRO is a physicianresponsible for, among other things, evaluating alternatemedical explanations for a positive result. The MROcontacts each employee who tests positive in order toevaluate alternate medical explanations with the employeeand/or with his or her physician. The MRO may requestre-analysis of the original specimen. The donor may requestthrough the MRO that the second bottle (split portion ofspecimen) be tested at NRC's contract secondary HHScertified laboratory. The MRO's review responsibilities areperformed prior to the transmission of a confirmed positivetest result to NRC administrative officials. This procedureassures that information known to the MRO concerningan employee's medical background remains strictlyconfidential, except for a confirmed positive test result.Therefore, the MRO provides an additional check on thetechnical aspects of the system and provides an additionallevel of screening and evaluation between the employee,the laboratory, and NRC administrative officials.

The remaining portion of any specimen that is confirmedpositive is frozen for at least 1 year. This specimen isavailable for possible retest during administrative ordisciplinary proceedings.


With regard to personal dignity, are employeeswatched during collection of the specimen?

In most cases (e.g., normal random testing), the specimen isprovided in the privacy of a toilet stall or similar enclosurewithout direct observation. Collection site personnel of thesame gender as the employee tested, however, may observethe individual provide the urine specimen when there isreason to believe the individual may alter or substitute thespecimen to be provided when (1) facts and circumstancessuggest that the individual has equipment of implementscapable of tampering with or altering urine samples, (2) theindividual has previously tampered with a specimen, or(3) the individual has just given a sample and a temperaturemeasurement indicates possible tampering/adulteration/substitution.

What assurances are there that my test resultsare really mine?

The NRC Drug Testing Program mandates a strict "chain ofcustody" to provide this assurance. To ensure that the urinespecimen taken from an employee is properly identifiedand is not accidentally confused with any other specimen,strict procedures are used when collecting, transferring, andstoring the specimen.

What assurances do employees have thatprescriptions or other medications they aretaking will not show up as illegal drug use?

When a positive test could have resulted from legal useof prescription drugs, the MRO will contact the employeefor additional information, including the name of the


treating physician. Legal use of prescription drugs iswhen (1) the medication is used by the person for whomit was prescribed, (2) the medication is used for themedical condition for which it was prescribed, and (3)the prescription was written by a physician in the normalperformance of his or her duties. If the MRO determinesthat a positive test result was because of use of the legal useof prescription drugs, the MRO will report the test resultas negative. If, however, the MRO determines that thetest result was not because of the legal use of prescriptiondrugs, the MRO will report the test result as positive.

Will employees be fired if they test positive?

Any employee found to be using, selling, or possessingillegal while in a duty status may be removed fromthe NRC or have his/her access authorization (securityclearance) suspended under 10 CFR Part 10. Anyemployee found to be using, selling, or possessing illegaldrugs while off duty may be removed or suspended withoutpay, depending on the circumstances. If not removed, theemployee will be required to undergo an NRC approvedtreatment or education program, and will be subject topossible reassignment. However, if the employee declinestreatment or uses drugs again, the NRC shall initiate actionto remove that employee from Federal service.

For additional information on the drug testing program,please contact the Division of Facilities and Security at30 1-415-6546.


THE SAFE HARBOR PROGRAM

A fundamental purpose of the NRC Drug-Free WorkplacePlan is to assist employees who themselves are seekingtreatment for drug use. NRC takes disciplinary actionagainst any employee found to use illegal drugs in everycircumstance except one: if the employee enters the SafeHarbor Program. Upon entering the Safe Harbor Program,NRC does not initiate disciplinary action against employeeswho meet all three of the following conditions:

(1) voluntarily admits his or her drug use,

(2) completes counseling or a treatment program, and

(3) thereafter refrains from drug use.

How can an employee participate in thisprogram?

Since the key to the rehabilitative effectiveness of the SafeHarbor Program is an employee's willingness to admit hisor her problem, to participate in this program the employeemust voluntarily disclose illegal drug use to a supervisoryofficial in his or her management chain by close of businesson the day prior to the day he or she is required to providea urine sample. This prevents employees from identifyingthemselves as illegal drug users on the day they officiallyor unofficially find out that they are scheduled for drugtesting. Since employees are not aware of the date theywill be required to provide a urine specimen, this serves asan incentive for early disclosure by the employee.

The Safe Harbor Program is also not available toemployees found to have used illegal drugs by direct


observation or through evidence obtained from an arrest orcriminal conviction.

For additional information on the Safe Harbor Program,please contact the EAP Manager at 301-415-7113 or theDrug Program Manager at 301-415-6546.


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NUREG/BR-0135, Rev. 3, 'Drug-Free Workplace Program.' · establishing and monitoring a drug-free...

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