Federal Drug Testing

Many federal contractors, all federal grantees, and certain industries involved with public safety, national security, or nuclear power plants must establish and maintain a drug-free workplace policy.

Contractors and Grantees

Federal contractors (unless the contracts are less than $100,000) and all organizations that receive federal grants must do the following to comply with the requirements of the Drug-Free Workplace Act:

• Provide employees with a written policy stating that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the workplace, and outlining the consequences of violating the policy.
• Establish a drug-free awareness program.
• Inform the employer within five days if they are convicted of a drug violation in the workplace.
• Notify the federal agency that provided the contract or grant within 10 days that an employee has been convicted of a drug violation in the workplace.
• Discipline or require satisfactory participation in a drug abuse assistance or rehabilitation program by an employee convicted of a drug violation in the workplace.
• Make an ongoing, good-faith effort to maintain a drug-free workplace by meeting the requirements of the Act.

Safety-Related Industries

Federal law requires drug testing for employees who perform safety-sensitive functions, which generally fall into the following categories:

• Carriers and commercial driver’s license holders (CDL)
• Those working in the aviation industry
• Those working in the railroad industry
• Those working in the mass-transit industry
• Those working in the pipeline industry
• Those operating commercial vessels

Employers must conduct drug testing of these employees in the following situations:

• Pre-employment: before hiring an applicant or transferring an employee into a safety-sensitive function.
• Random: randomly selected and without prior notice.
• Post-accident: after an accident (unless the presence of drugs can be ruled out as a contributing factor to the accident).
• Reasonable cause: when the employer reasonably suspects that an employee has used a drug.
• Return to duty: when an employee returns to work after refusing to take a drug test or after testing positive (and the employee has complied with the prescribed education or treatment).
• Follow-up: under a program of unannounced testing for newly hired employees, for employees who refused to take a drug test, and for employees who tested positive. This program may need to include testing for alcohol as well.

The drug tests must screen for marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines. Specific requirements apply to drug-testing procedures and record keeping. Other federal laws, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Family and Medical Leave Act, and the National Labor Relations Act, have protections for certain employees regarding drug use, treatment, or testing.

In addition, all employees must receive drug and alcohol awareness training and education. All supervisors must receive at least two hours of training in substance use detection, documentation, and intervention. If an employer learns that an employee has a substance-use problem, the employer must refer them to a trained substance-abuse professional.

Security-Sensitive Industries

Federal law requires contractors that have access to sensitive, classified information to maintain a drug-free workplace and provide the following:

• A comprehensive employee assistance plan (EAP)
• Protocol for self-referrals and supervisory referrals for drug treatment
• Supervisory training on detecting and responding to illegal drug use
• A carefully controlled and monitored employee drug testing program

Nuclear Power Plants

Federal law requires nuclear power plants and certain related service providers to have fitness-for-duty (FFD) programs. Part of an FFD program must ensure that employees are not under the influence of any substance that could impair their ability to perform their duties. The requirements of an FFD program are as follows:

• Certain policies, procedures, and audits
• A training program that periodically instructs and tests all individuals on the FFD program
• Drug and alcohol testing as means to deter and detect substance abuse and to identify individuals who cannot be trusted and relied on because of their possession, use, or sale of illicit drugs or alcohol, or subversion of the drug-testing program
• Behavior observation to detect behaviors that may indicate possible use, sale, or possession of illegal drugs; use or possession of alcohol on site or while on duty; or impairment from fatigue or any cause that, if left unattended, may constitute a risk to public health and safety or the common defense and security
• Employee assistance programs
• Sanctions that either temporarily or permanently remove employees from nuclear facilities when they have violated the FFD policy