9700.3 OAD (Extended) GSA Drug-Free Workplace Program
GENERAL SERVICES ADMINISTRATION
Washington, DC 20405
OAD 9700.3 Extended
July 25, 2000; Extended on January 14, 2016
SUBJECT: GSA Drug-Free Workplace Program
a. The mission and program responsibilities of the General Services Administration place a compelling obligation on the agency to have a safe and drug-free workplace. GSA's drug-free workplace program will include applicant testing, random drug testing, reasonable suspicion testing, accident testing, voluntary testing and follow-up testing. While the overwhelming majority of GSA employees have not engaged in illegal drug use, GSA will not tolerate the use of illegal drugs on or off the job.
b. Testing performed will identify the use of marijuana, cocaine, opiates, phencyclidine (PCP) or amphetamines.
2. Applicability: The drug-free workplace program is applicable to all GSA employees. Contractors engaged in providing services impacting public health or safety will be required to periodically provide certification that their workforce is drug-free.
3. Cancellation: This order cancels OAD P 9700.2, GSA Drug-Free Workplace Program.
4. Determination of positions.
a. Positions designated for testing (TDPs) in GSA include:
(1) positions in which incumbents hold active Top Secret security clearances;
(2) positions in which the incumbents are authorized to carry firearms in the performance of their duties;
(3) positions which have a direct and immediate impact on public health and safety; and
(4) positions involved in the direct administration of the random testing component of the program.
b. If an employee believes their position has been incorrectly identified as a TDP, a written request for administrative review may be submitted by the employee to the Chief People Officer. Such a request must be submitted within 15 days after receiving notification that he or she is subject to random drug testing. The Chief People Officer's decision is final and not subject to further review.
5. Applicant testing.
a. Drug testing shall normally be required of all individuals selected for employment in a TDP. In those rare situations where a drug test is not administered prior to appointment, a test shall be scheduled within 30 days after appointment.
b. Vacancy announcements for TDPs shall state:
"Any applicant tentatively selected for this position will be required to submit to urinalysis to screen for illegal drug use prior to appointment. Appointment to the position will be contingent upon a negative drug test result."
c. Employees who occupy a TDP will not be required to be tested under applicant test procedures if they apply for another position, are promoted or are reassigned to another TDP within GSA.
d. Employees occupying a non-TDP who apply and are selected through the merit promotion process to a TDP will be tested under applicant procedures.
e. A management-initiated action to reassign an employee from a non-TDP to a TDP will not require applicant drug screening. The employee will receive a notice of being in a TDP and that the position is subject to random drug testing.
6. Random drug testing. Random drug testing will be based on a statistically random sampling of employees occupying TDPs based on a neutral criterion such as social security number.
a. An employee selected for random testing, and the employee's immediate supervisor, will be notified in writing by the servicing Human Resources Officer the same day the test is scheduled, preferably within two hours of the scheduled testing. The notification will explain to the employee that the employee is not under suspicion of taking illegal drugs and that the employee was selected randomly.
b. An employee selected for random testing may be deferred from testing if in a leave status, on or scheduled to begin official travel, or engaged in priority activities which preclude their absence from the work site. First and second line supervisors must concur in writing that a compelling need necessitates a deferral. If the random drug test is deferred, the employee will be subject to an unannounced test within the following 60 days.
7. Reasonable suspicion testing. GSA is authorized to test any employee when there is reasonable suspicion that the employee uses illegal drugs. Reasonable suspicion may be based on reasonable, articulable and individualized suspicion of:
a. On or off duty use of illegal drugs by employees occupying testing designated positions;
b. On duty use or impairment due to the use of illegal drugs by employees who do not occupy testing designated positions;
c. Reasonable, articulable and individualized suspicion may be based on:
(1) observable phenomena related to illegal drug use or possession,
(2) the physical symptoms of being under the influence of an illegal drug at any time for occupants of a TDP, or while on duty for non-TDPs, or
(3) evidence that the employee may attempt to tamper or has tampered previously with a drug test.
c. Requests for reasonable suspicion testing must be concurred in by the second level supervisor and reviewed by the Office of General Counsel.
8. Accident or unsafe practice testing. When an employee's actions are reasonably suspected of having caused or contributed to an accident that either results in a death or personal injury requiring immediate hospitalization or results in damage to government or private property in excess of $10,000, that employee may be subject to testing, based upon the circumstances of the accident. Procedures for testing will be the same as for reasonable suspicion testing.
9. Voluntary testing. GSA employees not in TDPs may volunteer for random testing to demonstrate their commitment to GSA's goal of a drug-free workplace and to set an example for others. Volunteers should submit their request to the Chief People Officer. Withdrawal from participation must be done prior to receiving notification that he or she has been scheduled for testing.
10. Follow-up testing. Employees who receive counseling or enter a rehabilitation program for illegal drug use through the Employee Assistance Program (EAP) will be subject to unannounced testing for a period of one year following completion of such a program.
11. Confirmed positive test. If the initial screening is positive, the sample will be further tested and the results reviewed by a certified Medical Review Officer. The employee will be provided the opportunity to "justify" the confirmed positive result. The Medical Review Officer will determine whether the result is based on the medical history of the employee, any other biomedical factors, or legally prescribed medication. If there is no justification for the confirmed positive result, the Medical Review Officer will immediately contact the Chief People Officer, or designee, verifying the receipt of a confirmed positive test.
a. All records and information related to GSA's drug-free workplace program, including testing results, are confidential.
b. The laboratory may disclose confirmed laboratory test results only to the Medical Review Officer.
c. The results of a drug test of a GSA employee may not be disclosed without the prior written consent of the employee, unless the disclosure would be:
(1) To the Medical Review Officer;
(2) To the EAP in which the employee is receiving counseling or treatment; or
(3) To any supervisory or management official having authority to investigate, concur in, review or take disciplinary action against the employee; or
(4) Pursuant to the order of a court of competent jurisdiction where required by the United States Government to defend against any challenge against any disciplinary action.
13. Disciplinary action.
a. The use, possession, or sale of illegal drugs is incompatible with Federal employment. Employees found to have engaged in the use of illegal drugs or who refuse to be tested when required may be subject to disciplinary action, up to and including removal from Federal service.
b. GSA will not initiate disciplinary action against any employee who uses illegal drugs if the employee (1) voluntarily identifies himself or herself as a user of illegal drugs prior to being tested; (2) obtains counseling or rehabilitation through the EAP, and (3) refrains from illegal drug use. This provision will not be available to an employee who is asked to provide a urine sample under random, reasonable suspicion or accident testing.
c. In the event of a disciplinary action, the employee must be informed of the appropriate grievance or appeal procedures available. Alternative dispute resolution processes may also be initiated, if appropriate.
14. Employee Assistance Program. The Employee Assistance Program (EAP) is available to all employees, and where feasible, to family members. Any employee found to be using illegal drugs must be referred to the EAP. The EAP shall provide counseling or rehabilitation for all referrals. The EAP will also provide continuing education and training regarding illegal drug use.
15. Implementing actions. Implementation of this order with respect to employees represented by a labor organization is contingent upon completion of appropriate labor relations obligations.
Gail T. Lovelace
Chief People Officer