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ARTICLE 34: DRUG FREE WORKPLACE PLAN

1. The purpose of the Drug Free Workplace Plan is to set forth objectives, policies, procedures, and implementation guidelines to achieve a drug-free Federal workplace, consistent with Executive Order 12654.  The sensitive nature of the Agency’s work compels the agency to eliminate illegal drug use from its workplace.  Employees must refrain from using illegal drugs whether on or off-duty.  Use of illegal drugs is inconsistent with the high standards of performance, discipline, and readiness necessary to accomplish the mission.  The Union recognizes and shares the concern of the Employer to achieve a drug-free workplace. The Employer will provide a copy of the Departmental Drug Free Workplace Plan to each Passport Office along with a copy of this Article and, upon request, will make copies available to employees.  The Employer will also make the Plan available electronically via the Passport Services Intranet.   The Department of State “Drug Free Workplace Plan” will be followed along with the provisions of this article.

2. The plan includes the following types of drug testing:

a.  applicant testing;

b.  random testing of employees in sensitive positions identified as “testing designated positions” (TDP);

c.  reasonable suspicion testing;

d.  accident or safety mishap testing;

e.  voluntary testing; and

f.  follow-up testing after counseling and/or rehabilitation for illegal drug use.

3. Under Executive Order 12564, the Department is required to initiate action to discipline any employee found to use illegal drugs in every circumstance except one:  (1) If an employee voluntarily admits his or her drug use;  (2) completes counseling or an Employee Assistance Program; and (3) thereafter refrains from drug use.  This provision is not available to an employee who is asked to provide a urine sample, or who is found to have used illegal drugs pursuant to Sections VIII (A) (1), or VIII (A) (2), of the Department Drug Free Workforce Plan and who thereafter requests protection under this provision.

4.  All employees who hold positions subject to random testing will receive individual notices indicating that their positions have been designated testing positions.  Employees will be required to return a signed form acknowledging receipt of the notice.

5. Employees will be provided training on the Department Plan.  A Union Official may speak at these sessions.  These sessions will be in addition to the supervisory training required by the plan.  The training will be accomplished within 6 months of the signing of this Agreement. The Employer will request training materials such as videos from the Department and provide them to the Regional offices as they become available.

6. When an employee is selected for random testing the employee will be notified on the same day the test is scheduled.  This will normally be done within 2 hours of the scheduled test.  For an employee who commutes to work using mass transit, the Employer will reimburse taxi fare if insufficient time is provided to go to the testing site using mass transit.  The Employer will reimburse the employee for parking fees and mileage when the employee travels to the testing site by personal vehicle. The employee will be told that he/she is not under suspicion of using illegal drugs and that his/her name was selected randomly.

7. When an employee has been informed that his/her test result is positive, the employee may provide information or evidence which he/she believes may have affected the test results to the Medical Review Officer (MRO).  The MRO will consider the employee’s submission prior to reporting a positive test result to the Department.  

8. All urinalysis samples will be taken at a collection site certified under the Department’s program.

9. In order to provide a complete sample, so that the laboratory may split the specimen for accuracy, the employee may be required to remain at the collection site until the end of the employee’s tour of duty on the day set for testing.  

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