The Drug-Free Workplace Program (DFWP) is a program designed to deter employees from using illegal drugs on or off duty. The program is aimed at identifying illegal drug users in order to maintain a safe, secure workplace and efficient operations. This is accomplished through education, identification of illegal drug use through testing, and counseling services.
Random Testing: Unannounced testing of employees in positions identified as Testing Designated Positions (TDPs). Selection is made on a random basis without prior announcement.
Applicant Testing: Testing required of all individuals tentatively selected for employment in a TDP within DON. Applicant testing will include current DON employees who apply for a TDP position.
Accident/Unsafe Practice Testing: Authorized Testing of any employee involved in an on-the-job accident, or who engages in unsafe, on-duty, job-related activity. This test requires a second-level supervisor approval.
Voluntary Testing: Testing of employees who are not in, but who volunteer for unannounced random testing. Further information is available from your activity Drug Program Coordinator (DPC).
Follow-up Testing: Testing of employees who undergo a counseling or rehabilitation program for illegal drug use through Civilian Employee Assistance Program (CEAP). The employees are subject to unannounced testing following completion of such a program for a minimum period of one year.
Reasonable Suspicion Testing: Testing conducted when management has reason to believe that an employee may be using illegal drugs. The suspicion must be based on specific objective facts and reasonable inferences drawn from these facts, and be documented. Approval for such testing must be received from a higher level supervisor.
A Testing Designated Position (TDP) is a position that is subject to random drug testing.
How will I know if I'm in a TDP?
Normally, the position description and job announcement will tell you if your position is subject to random drug testing. In addition, you will receive a specific notice advising you that your position will be included in the random pool for drug testing at least 30 days prior to the actual testing. You will receive one notice that will cover all random drugs tests that are conducted.
What types of positions are generally designated as TDP positions?
The criteria for designating a position as a TDP is based on the effect that the incumbent of the position could have on public health and safety or national security through failure to adequately discharge the duties of their position. Positions requiring a TOP SECRET clearance will be identified as a TDP regardless of the specific duties performed. In determining which positions to identify as TDPs subject to random drug testing, the Department of the Navy is using guidance published by the Department of Health & Human Services, Substance Abuse and Mental Health Services Administration (DHHS, SAMHSA) and case law. The DHHS, SAMHSA guidance lists TDPs in three categories: presumptive, preferred, and discretionary. You should review your Position Description (PD) with your Supervisor to determine if your position is a TDP.”
There is no limitation on the frequency with which an employee may be tested for illegal drug use. Under random testing, the employee will be tested whenever the sampling method used selects the employee. In addition, the employee could also be tested for some other reason, e.g., post accident, as determined necessary.
When random drug tests are conducted, are they announced in advance?
No. The selection of the individuals for random testing will always be unannounced. An employee will be notified when and where to report by his or her supervisor approximately 15 to 30 minutes before the test.
Civilian employees will be tested for six drugs: Cocaine, Cannabis (Marijuana), Amphetamines, Opiates, Phencyclidine (PCP) and Ecstasy (MDMA).
An employee who fails to appear for testing without a deferral will be subject to disciplinary action. If an applicant for employment refuses to participate in testing, the tentative offer of employment will be canceled.
WILL AN EMPLOYEE BE FIRED FOR ILLEGAL DRUG USE?
The severity of the disciplinary action taken against an employee found to use illegal drugs will depend on the circumstances of each case and may range from a suspension to removal. In any case, however, if the employee is in a TDP, the employee will be taken out of the TDP position. Additionally, the activity must initiate disciplinary action against any employee found to use illegal drugs except for an employee who voluntarily admits to illegal drug use under the "Safe Harbor" provision. For a second finding of illegal drug use, removal action must be initiated.
All drug testing information on specific individuals is confidential and will be treated as such. The Drug Free Workplace Coordinator will maintain all records relating to the DFWP including drug testing and any other authorized documentation necessary to support the program. Test results will not become part of the employee’s OPF. All locally maintained agency records pertaining to an employee’s drug test will be kept in a secure area.
The DFWP Coordinator is Mr. Sam Butler. He can be reached at (703) 614-8371.
Under the Executive Order 12564, the Department of Navy is required to initiate action to discipline an employee found to use illegal drugs under any circumstance. The only exception to this requirement is the "safe harbor" provision. Under "safe harbor," disciplinary action will not be initiated against an employee who meets the following three conditions:
- Voluntarily identifies him/herself as a user of illegal drugs prior to being identified through any other means;
- Obtains counseling and rehabilitation through the Civilian Employee Assistance Program; and
- Thereafter, refrains from using illegal drugs.
An employee who admits to illegal drug use after being notified that he/she is scheduled for a drug test or just after a sample is collected, or who is found to use illegal drugs on the basis of other appropriate evidence, e.g., evidence obtained from a criminal conviction, is not eligible for "safe harbor."
The key to effectiveness of "safe harbor" is that an employee must be willing to admit to having a problem and be willing to seek help to solve the problem.
Is my job protected if I request Safe Harbor?
An employee who requests safe harbor under the provisions of this program must be aware that he or she may be relieved from performing sensitive duties. Further, the security officer will be advised of the safe harbor request and this information may then be used to determine whether the employee will retain his or her security clearance. This review could lead to the revocation of an employee’s security clearance and removal from the service for failure to meet a condition of employment, i.e., maintaining a security clearance.
Whom do I contact if I wish to seek Safe Harbor?
You may contact the Employee/Management Advisor at (703) 784-3120 or (703) 614-8371 who will provide you with information about the program.