Administrative Manual - 208 Employee Performance and Conduct
208.05 Workplace Substance Abuse Program
- REGULATORY COMPLIANCE
This program follows the federal regulations on substance abuse and testing protocol that is applicable for JSA. Additionally, this program is in keeping with the mandatory guidelines for Federal Workplace Drug Testing Programs issued by Department of Health and Human Services as well as10CFR part 707 and 10 CFR part 710.
As described and defined in the modification to 10 CFR Section 707.7 (b) pertaining to 'testing designated positions', JLab now has a limited number of personnel that qualify in this category due to their security clearance. A total of seven positions are deemed to be testing designated positions and are categorized as National Security. Titles for those employees holding a security clearance are as follows: Chief Operating Officer, Chief Information Officer, Security & Services Manager, Computer Scientist - Cyber Security, Security Systems Administrator, Network Group Manager.
At this time, there are no other positions at JLab that require other Federal agency compliance with regards to substance abuse.
All employees who are now subject to random testing due to the inclusion of testing designated positions have received a 60 day notification period. The notification period will commence upon approval of the revised modification.
It is JSA's policy to maintain a safe, healthful and productive work environment. In support of this policy, the manufacture, possession, sale, purchase, distribution, or use of illegal drugs by any JSA employee in the workplace is prohibited, as is the unlawful use, possession or sale of a controlled substance. Reporting to work under the influence of controlled substances, alcohol or unauthorized alcohol consumption in the workplace is also prohibited.
This policy is applicable to all JSA employees, and to the extent it governs conduct on JSA premises, either on or off site during work time, is also applicable to all those present on the laboratory premises, including guests, collaborators, subcontractor employees, and studentsAll subcontractors working on Jefferson Lab property are subject to this policy. A copy of this policy is incorporated into the procurement/bid documentation for review. The Lab will make notification to DOE consistent with DEAR 970.5223-4 Workplace Substance Abuse Programs at DOE Sites for any work that it believes is covered by the requirements of 10 CFR 707.2.A and 10 CFR 707.7 (B). Based on DOE concurrence, JLab will include the clause, DEAR 970.5223-4, in all covered subcontracted work and shall approve the subcontractor's substance abuse program. JLab will periodically monitor the subcontractors' implementation of the approved program for effectiveness and compliance with 10 CFR 707. As a condition of eligibility for accepting and performing work, all subcontractors are expected to adhere to JSA's standards for a drug free workplace
Employees are made aware of JSA's workplace substance abuse program in new employee orientation. The orientation includes a review of JSA's policy and notification that as a condition of employment, all employees will abide by the terms of the statement. Subsequently, all employees will be required to complete web based training annually that serves as a reminder of the importance of a drug free workplace. All Supervisors will be required to complete annual training specifically designed to highlight the importance of preventing and maintaining a drug free workplace. This course will also provide supervisors with resources to identify and recognize behaviors or performance that may be attributed to substance abuse as well as their responsibilities to appropriately refer an employee with possible substance abuse problems. All employee training will be documented through JLab's on-line learning management system.
- JSA offers an Employee Assistance Program (EAP) provided by an external vendor, Sentara, to assist employees with substance abuse and other problems. All employees and supervisors have access to this confidential service at any time. The EAP provides education, counseling and referral of services to outside agencies as needed. Jefferson Lab's website has a direct link to the EAP provider for all staff to access. The program staff of trained professionals assess, consults and performs follow-up or referral services as needed with employees in all cases.
- The Occupational Medicine department is part of the ESH&Q division and is managed by Dr. Smitty Chandler, Occupational Health Physician, who is located on the JLab complex. Dr. Chandler is available to coordinate testing if a supervisor observes an employee demonstrating questionable behaviors associated with impairment. When For Cause and Random testing or any other type of drug testing occurs, Dr. Chandler acts as the Certified Medical Review Officer for JLab.
Any employee who has been convicted of a criminal drug statue for a violation occurring on the DOE owned or controlled site will have no longer than 10 calendar days after conviction to notify their immediate supervisor and Human Resources of the conviction in writing. An employee in the Testing Designated Position (TDP) must provide written notice within 10 days to the immediate supervisor and Human Resources of any drug-related arrest or conviction, receipt of a positive drug test result, whether or not it occurs on a DOE site. Upon receipt of notification, information will be shared with the DOE Contracting Officer in writing. Corrective action will occur within 30 days of a drug-related violation occurring in the workplace.
- DRUG AND ALCOHOL SCREENING
For Cause testing can be conducted for, but not limited to, the following reasons:
- If an employee receives medical care or treatment beyond first aid at an offsite facility for an accident/injury or other employees involved in an incident that results in or causes injury to themselves or others and requires treatment at an off-site medical facility that occurs during working hours. This incident may have resulted in personal injury or damage to property. Supervisors are responsible for coordinating testing with Occupational Medicine. If the incident occurs after business hours, the supervisor is expected to coordinate testing with the lab/clinic the employee is sent to for treatment. JLab uses Quest Diagnostics for most routine lab/clinic needs. JSA uses only testing laboratories that are qualified service providers and are certified by the Department of Health and Human Services as well as SAMHSA certified and adhere to proper specimen collection, handling and laboratory analysis for testing.
- Upon observation of behavior that may be related to substance abuse such as, but not necessarily limited to, loss of physical control, alcohol or drug odors, slurred speech or other possible signs of impairment;
- When the employee is found in possession of suspected illegal drugs.
- As soon as possible following notification of a conviction for criminal drug statute violation.
- TEST PROCEDURES
Step 1: Applicant Testing: All candidates who are selected for positions and hold a security clearance or who will be required to have a security clearance to perform their job duties will receive a conditional offer of employment based upon the successful completion and passing of a urine drug analysis.
Step 2: Random Testing: The percentage of qualified personnel to be randomly tested on an annual basis is 30%. The methodology employed for testing is random number generating software by an independent vendor. The testing method will be with a urine drug analysis. Drugs tested for include those specified in the 10/01/10 revised DHHS guidelines. These include marijuana; cocaine, opiates (including 6-AM), phencyclidine; and amphetamines (including AMP/MAMP, MDMA). Revised DHHS cutoff levels are now used. However, when conducting reasonable suspicion or occurrence testing, the Lab may test for any drug listed in Schedules I or II of the Controlled Substances Act. Collections will occur on-site in the Occupational Medicine Office supervised by the MRO, Dr. Chandler. JSA uses only testing laboratories that are qualified service providers and are certified by the Department of Health and Human Services as well as SAMHSA certified and adhere to proper specimen collection, handling and laboratory analysis for testing. Dr. Chandler utilizes a chain of custody form for maintaining control and accountability from the point of collection to final disposition of specimens. Random sampling will be sent to an authorized and certified Lab vendor for analysis and results reporting. Results will be reported to the MRO in 2-4 business days.
Step 3: Return-to-Duty Testing:
- When an employee in a testing designated position has tested positive for an illegal drug, JSA will remove the individual from the position immediately.
- If this is the first occurrence of illegal drug use for the employee, he/she may be offered the opportunity to participate in a drug abuse assistance rehabilitation program approved by Federal, State, or local health, law enforcement, or other appropriate agency.
- If rehabilitation is offered, the employee will be placed in a non-testing designated position, which does not require a security clearance, provided there is an acceptable position in which the individual can be placed during rehabilitation.
- If no such position is available, the employee will be placed on sick, annual or other leave status, for a reasonable period sufficient to permit rehabilitation.
- The employee will not be protected from disciplinary action which may result from violations of work rules other than a positive test result for illegal drug use.
- Refusal to participate in such a rehabilitation program will result in corrective action up to and including termination.
- Human Resources will instruct the employee that they may not return to work and will not be paid until resolution is determined.
- Prior to being returned to a TDP, the employee will be tested again.
- Any employee who tests positive on two separate occasions will be terminated from employment.
Step 4: Results
- All drug screen results will be evaluated by JSA's MRO. The results will be communicated to the MRO, and only those contractor or DOE officials with a need to know.
- The MRO will make a decision to remove an employee from safety sensitive duties and testing designated positions based on results.
- When an employee who tests positive on a drug screen or is arrested or convicted of any drug-related offense, DOE security officials will be immediately notified.
- For any test that renders a positive result whereby the offer of employment was contingent upon a cleared drug test, the offer will be withdrawn. This action will follow once the drug test is confirmed positive by the MRO.
- The Occupational Medicine Office is the only entity that will maintain records of drug screen results.
- Occupational Medicine does not release medical records unless the employee provides written authorization. Drug testing documents do not qualify as a medical record. However, drug screen information is released on a need-to-know basis and only the information that is needed. It is common practice for an employer to be informed if the screening is positive or negative and what drug was detected. The Designated Employer Representative, DER, is made aware of this information by Occupational Medicine.
- All drug screen results will be retained by Occupational Medicine for the duration of employment plus 30 years.
- All records related to an employee are archived when the employee leaves the Lab. Record keeping and archival processing procedures meet and follow DOE record keeping requirements.
- The SAMSHA certified laboratory that Jefferson Lab uses also follows SAMSHA records retention requirements.
Step 5: Reporting: The Lab will make notification to DOE consistent with DEAR 970.5223-4 Workplace Substance Abuse Programs at DOE Sites for any work that it believes is covered by the requirements of 10 CFR 707.5(b)(4)(f). Further, the Lab will adhere to 10 CFR 707.5(c) as it pertains to reporting derogatory information for those personnel in a TDP.
For Cause Testing
Step 1: Observe the employee and document behavior.
Documentation should include: Specific facts, behaviors, and observations to justify a determination of reasonable cause/suspicion. (Whoever observes/documents behavior should inform the employee's supervisor so the supervisor can execute his or her responsibilities.)
Step 2: Communication with employee:
- Supervisor removes the employee from the work environment. Once in a private/confidential setting, inform the employee with another witness if possible, of observed behaviors. It is preferred that the witness be another supervisor or manager.
- Supervisor provides the employee with the reason they are being requested to undergo testing. Reasons are listed in this policy under Drug and Alcohol testing. This is a confidential evaluation with the results going only to those who have a business need to know, including, but no limited to Human Resources and Occupational Medicine.
- Supervisor ensures the employee has photo identification (ID badge, driver's license, military ID). If no ID is available, contact HR for resolution.
- Supervisor communicates that failure or refusal to submit to the evaluation is grounds for termination. Supervisor gives the employee a copy of the Drug-Free Workplace and Substance Abuse Policy, available in the Administrative Manual. If the employee refuses evaluation, the employee is suspended, pending investigation and immediately sent home in a taxi or other non-government means of transportation.
- Substances for which testing is performed include alcohol, marijuana; cocaine, opiates (including 6-AM), phencyclidine; and amphetamines (including AMP/MAMP, MDMA). However, when conducting reasonable suspicion or occurrence testing, the contractor may test for any drug listed in Schedules I or II of the Controlled Substances Act.
- Employees testing positive for the first time will be offered an opportunity to participate satisfactorily in a drug abuse assistance or rehabilitation program approved by a Federal, State, or local health, law enforcement, or other appropriate agency. Refusal to participate in such a rehabilitation program will result in corrective action up to and including termination.
- Any employee who on two separate occasions tests positive will be terminated from employment.
- Human Resources will instruct the employee that they may not return to work and will not be paid until resolution is determined.
Step 3: Contact the Employee Relations Consultant or HR Manager (if regular business hours). Escort employee over to Occupational Medicine clinic.
Step 4: If after hours, supervisor will follow after hours procedures. (see below)
Step 5: Testing: If employee agrees to evaluation:
- All drug testing is performed by SAMHSA (Substance Abuse and Mental Health Services Administration) certified laboratories and uses an initial screening drug test. If this initial screening drug test is positive, a confirmation drug test is conducted on the specimen.
- Drug and/or alcohol collections occur on-site following SAMHSA collection guidelines. The designated laboratory will pick up the specimen collection.
- Dr. Chandler utilizes a chain of custody form for maintaining control and accountability from the point of collection to final disposition of specimens.
- If after hours, follow after hours procedures outlined in this policy. Results will be given to Jefferson Lab Medical Review Officer (MRO).
- The employee will be suspended without pay until the results are known. Positive results associated with following a prescription medicine regimen are excluded.
- If the results are negative the employee will be allowed to return to work after being cleared by JLab Occupational Medicine. The manager will need to do a consultation with the employee on the observed behavior.
- If the results are negative from the confirmation of an original positive the employee will be reimbursed for suspended days and returned to work his/her routine schedule. The supervisor will need to do a consultation with the employee on the observed behavior.
Step 6: After Evaluation is complete:
- For positive screenings and refusals to screen, the supervisor/manager makes transportation arrangements for the employee to be driven home by contacting a taxi service, family member or personally driving the employee home.
- The employee's badge is collected. The supervisor/ manager will process the time sheet for employee.
- If testing is done after hours the supervisor/manager will contact the Employee Relations Consultant or HR Manager and Occupational Medicine the next day.
- The MRO will make a decision to remove an employee from safety sensitive duties based on results.
- Occupational Medicine never releases medical records unless the employee provides written authorization. Drug testing documents do not qualify as a medical record. However, drug screen information is released on a need-to-know basis and only the information that is needed. It is common practice for an employer to be informed if the screening is positive or negative and what drug was detected. The Designated Employer Representative, DER, is made aware of this information by Occupational Medicine.
FMLA-Family Medical Leave Act
- FMLA is available for use to those that qualify.
Supervisors have the responsibility of contacting ESH&Q immediately after witnessing or being notified of an accident. The supervisor will be responsible for escorting the employee to Occupational Medicine for appropriate testing. Supervisors should contact Human Resources immediately to inform them of the incident and that the employee is being escorted to Occupational Medicine. Testing may occur for anyone who receives medical care/treatment off site for a work-related injury.
After Hours Testing Procedures
- Seek medical attention if needed. Remove the employee from the work area.
- Arrange for transportation to and from the medical facility for testing.
- Obtain a statement of authorization and a consent form. (Supplies available adjacent to first aid cabinets in Support Service Center, ARC, CEBAF Center, MCC and the Test Lab, or from the rack outside Medical Medicine - Support Service Center 22C). Employee should sign the consent form if possible and give both documents to the medical care provider.
- Supervisor contacts Human Resources and Occupational Medicine the next day.
Any employee suspected of violation of this policy and for whom testing is indicated should never be permitted to drive themselves to testing and should not be left alone for any period of time.Cost of evaluation and Taxi are charged to the responsible department.
Employees who violate JSA's policies on maintaining a workplace free of substance abuse shall be subject to corrective action as outlined in the JSA Standards of Conduct Violation Policy. Under this policy, the corrective actions described are generally progressive in nature ranging from informal oral counseling to termination of employment. If violations merit termination, the progressive action steps may be waived. Employees who refuse to submit to substance testing as outlined in this policy, refuse to sign a release authorization for substance testing, or in any way adulterate or falsify a testing specimen may be subject to corrective action, up to and including termination.
If an employee voluntarily undertakes a treatment program before there are grounds for testing, resources through EAP will be provided confidentially. If a staff member violates JSA's policy on workplace substance abuse, the individual will be subject to JSA corrective action policy.
If it is decided that an employee may return to duty after testing positive for illegal drugs, the employee shall be subject to unannounced testing, at intervals, for a period of 12 months.
Management is expected to report all suspected violations of this policy. Failure to do so will result in corrective action up to and including termination of employment