**VA DRUG-FREE WORKPLACE PROGRAM**

**1. REASON FOR ISSUE:** To issue Department of Veterans Affairs (VA)
policy regarding VA's Drug-Free Workplace Program.

**2. SUMMARY OF CONTENTS/MAJOR CHANGES:** This directive provides
Department-wide policy on VA's Drug-Free Workplace Program, and
contains:

a\. Information on the nature, frequency, and type of drug testing to be
instituted;

b\. Responsibilities for implementing and managing the program;

c\. References used in developing the directive and handbooks; and

d\. Definitions of key positions and terms used in the directive.

**3. RESPONSIBLE OFFICE:** The Employee Relations and Performance
Management Service (051), and the Office of the Deputy Assistant
Secretary for Human Resources Management and Labor Relations.

**4. RELATED HANDBOOK:** VA Handbook 5383, VA Drug-Free Workplace
Program.

**5. RESCISSIONS:** VA Directive 5383, dated April 11, 1997.

**CERTIFIED BY:** **BY DIRECTION OF THE SECRETARY**

**OF VETERANS AFFAIRS**

/s/Robert N. McFarland /s/R. Allen Pittman

Assistant Secretary for Assistant Secretary for

Information and Technology Human Resources and Administration

ELECTRONIC DISTRIBUTION ONLY

**VA DRUG--FREE WORKPLACE PROGRAM**

**1. PURPOSE.** This directive provides Departmental policy for VA's
Drug-Free Workplace Program (DFWP), certified by the Department of
Health and Human Services on April 27, 1988, in accordance with Public
Law 100-71, and provides instructions for implementing those provisions
relating to the drug testing of employees and applicants for VA
employment. Procedures for implementing the policies in this directive
are found in \[Parts I and II of VA Handbook 5383\].

**2. POLICY**

a\. General

\(1\) The Department of Veterans Affairs provides benefits and services
to the Nation\'s almost 28 million veterans and their dependents, and
manages the Nation\'s largest medical system and veterans\' benefits
system. In order to carry out its missions of providing quality medical
care on a timely basis to all eligible veterans, providing benefits to
eligible veterans and beneficiaries, and ensuring that memorial affairs
are conducted with honor and dignity, agency operations are divided
according to their major functions into three administrations: Veterans
Health Administration (VHA), Veterans Benefits Administration (VBA), and
the National Cemetery \[Administration (NCA)\]. In addition, Assistant
Secretary offices \[were\] established in order to provide advice and
assistance to the Secretary and senior management.

\(2\) \[ \] VA employees represent a broad spectrum of positions
including: those responsible for direct patient care; support positions;
firefighters; and police officers. Drug usage by VA\'s health care
staff, such as physicians, dentists, nurses, pharmacists, therapists,
and medical machine and laboratory technicians, could result in the loss
of patients\' lives or patient injury. Drug usage by other VA employees,
such as motor vehicle operators, firefighters, and police officers,
could also result in loss of life or injury, and damage to or
destruction of property.

\(3\) In the conduct of its missions, VA deals with highly sensitive
information on medical conditions, educational and employment histories,
financial statements and other personal data on many people.
Unauthorized release of such information could be detrimental and
embarrassing to individuals concerned and subject VA to legal suits.
Also, this information could be used to gain financial advantage. A high
degree of integrity is required of VA employees to assure that this
sensitive information is used only for legitimate purposes.

\(4\) In view of the sensitive nature of its work and the fact that
Department programs have an enormous impact on the lives of millions of
Americans, VA has a compelling obligation to eliminate illegal drug use
from its workplace. An essential element in assuring a drug-free
workplace is drug testing. VA\'s plan will include provisions for
mandatory and voluntary drug testing consistent with all scientific and
technical guidelines for drug testing programs promulgated by the
Department of Health and Human Services (HHS).

\(5\) It is VA policy that its workplace be free from illegal use,
possession, or distribution of controlled substances, as specified in
Schedules I through V, as defined in 21 U.S.C. 802(6) and listed in
Section 812 of that Title by the officers and employees of VA. The
possession and distribution of

controlled substances will be dealt with promptly in accordance with
legal and administrative disciplinary procedures. However, the policy\'s
primary goal is to ensure that illegal drug use is eliminated and that
the VA workplace be safe, healthful, productive, and secure.

\(6\) The mark of a successful drug-free workplace program also depends
on how well VA can inform its employees of the hazards of drug use, and
on how much assistance it can provide to drug users. Equally important
is the assurance to employees that personal dignity and privacy will be
respected in reaching VA\'s goal of a drug-free workplace. Therefore,
this plan includes policies and procedures for: (a) employee assistance;
(b) supervisory training (c) employee education; and (d) identification
of illegal drug use through drug testing on a carefully controlled and
monitored basis.

\(7\) Specimen Collection Procedures

\(a\) Collection of all urine specimens under VA's DFWP will be
performed in accordance with the Guidelines published in the Federal
Register by HHS on April 11, 1988 (revised June 9, 1994), and any
amendments of or revisions to those guidelines.

\(b\) Specimen collection will generally be performed by designated VA
laboratory personnel. Collection site personnel will be selected by
Pathology and Laboratory Medicine Service Chiefs.

\(c\) VA medical facilities will provide specimen collection services
for Regional Offices, National Cemeteries, and other VA field
facilities, as well as for their own facility. (Special procedures will
be communicated to the Regional Offices in Honolulu, HI, and Anchorage,
AK, and the Austin Automation Center in Austin, TX).

\(d\) Specimen collection procedures are provided in \[Part II to\] VA
Handbook 5383\[ \], Urine Drug Testing: Collection and Transportation of
Urine Specimens.

b\. **Nature, Frequency, and Type of Drug Testing**

\(1\) The VA Plan includes the following types of drug testing: (a)
applicant testing; (b) random testing monthly of sensitive employees in
testing designated positions (c) reasonable suspicion testing; (d)
injury, illness, unsafe, or unhealthful practice testing; (e) voluntary
testing; and (f) testing as part of or as a follow-up to counseling or
rehabilitation.

\(2\) Random and pre-employment testing will be conducted on a monthly
basis.

c\. **Drugs for Which Individuals Are Tested.** VA will test for
marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP) as
part of the Department\'s pre-employment and random drug testing
program. When conducting reasonable suspicion, injury, illness, unsafe,
or unhealthful practice testing, VA may test for any drug identified in
Schedule I or II of the Controlled Substances Act (21 USC 812).

d\. **Labor-Management Partnership.** The active participation and
support of recognized labor organizations can contribute to the success
of this program. VA management officials will continue to seek ways to
involve bargaining unit representatives in the positive implementation
of this program. VA management will observe all labor management
agreements reached and meet its obligations under Title VII of the Civil
Service Reform Act of 1978, PL 95-454.

**3. RESPONSIBILITIES**

a\. **Administration Heads, Assistant Secretaries, Other Key Officials,
Deputy Assistant Secretaries, and field facility Directors.**
Administration heads, Assistant Secretaries, Other Key Officials, Deputy
Assistant Secretaries, and field facility Directors are responsible for
the implementation of the VA Drug-Free Workplace Program within those
organizations over which they have jurisdiction.

b\. **Under Secretary for Health.** The Under Secretary for Health is
responsible for:

\(1\) Development and issuance of laboratory protocols and accreditation
requirements in accordance with HHS guidance;

\(2\) Issuance of directives, as needed, to VA facility laboratories
regarding specimen collection, chain of custody and transportation
procedures in accordance with HHS guidelines;

\(3\) Identification of any VA lab/labs that will conduct both screening
and confirmation testing in accordance with HHS guidelines; and

\(4\) Appointment of a Headquarters Medical Review Officer (MRO) in
accordance with HHS Guidelines and this Program. The Headquarters MRO
will be responsible for carrying out the duties and responsibilities of
that position for all Headquarters employees and all field facility
Directors.

c\. **Assistant Secretary for \[Management, Office of\] Human Resources
and Administration.** The Assistant Secretary for \[Management, Office
of\] Human Resources and Administration is responsible for:

\(1\) Upon the request of the Deputy Assistant Secretary for Human
Resources Management, reviewing an appeal of a decision to designate a
position as a testing designated position.

\(2\) Approving the designation of a position for random drug testing.

d\. **Deputy Assistant Secretary (DAS) for Human Resources Management**.
The DAS for Human Resources Management is responsible for the overall
administration of the VA Drug-Free Workplace Program including
developing and recommending administrative policies and procedures, and
providing guidance and assistance on the implementation of the program.
In addition, the DAS for Human Resources Management is responsible for
periodically evaluating the effectiveness of the program and for
recommending necessary modifications as appropriate. Responsibilities
include:

\(1\) Development and control of a random selection process in
consultation with the Deputy Assistant Secretary for Financial
Management on sampling methodology.

\(2\) Development of procedures for ensuring the confidentiality,
maintenance, and disposition of records; and

\(3\) Providing advice and guidance to management officials regarding
Employee Assistance Programs (EAPs), supervisory training, employee
education and appropriate disciplinary actions under the VA Drug-Free
Workplace Program.

e\. **Office of the DAS for Security and Law Enforcement.** The Security
Office, located under the DAS for Security and Law Enforcement is
responsible for:

\(1\) Continuously identifying those incumbents who occupy positions
designated as Special Sensitive or Critical Sensitive or have access to
classified national security information;

\(2\) Suspending or revoking eligibility **to occupy** positions
designated **Special Sensitive, Critical Sensitive and/or have access to
classified national security information,** of all employees who are
verified positive for drug usage; and

\(3\) Conducting investigations into any reported breaches of security
related to the safekeeping of records, listings, etc., in connection
with the VA Drug-Free Workplace Program.

f\. **Office of the General Counsel**. The Office of the General Counsel
is responsible for serving as the point of contact for resolution of
legal inquiries related to the VA Drug-Free Workplace Program.

g\. **Field Facility Directors:** field facility Directors will:

\(1\) Appoint a Medical Review Officer (MRO) in accordance with HHS
Guidelines and this Program. The MRO at each VHA facility is responsible
for performing the requirements of that position for all employees for
which the facility laboratory collects urine specimens.

\(2\) Ensure the security of listings of employees identified for random
testing and are responsible for the scheduling of employees for testing.
The Director may designate one other person to have access to the
listing and responsibility for the scheduling of tests.

\(3\) Ensure that employees in sensitive positions at their facilities
receive individual specific notices no later than thirty (30) days
before testing commences.

**4.** **REFERENCES**

a\. Executive Order 10450, Security Requirements for Government
Employees;

b\. Executive Order 12564, Drug-Free Federal Workplace;

c\. Executive Order 12968, Access to Classified Information;

d\. Mandatory Guidelines for Federal Workplace Drug Testing Programs
which includes Scientific and Technical Requirements and Certification
of Laboratories Engaged in Urine Drug Testing, 53 Federal Register 11979
(April 11, 1988), as revised in 59 Federal Register 29916 (June 9,
1994);

e\. Public Law 95-454, the Civil Service Reform Act of 1978;

f\. Public Law 99-570, the Federal Employees Substance Abuse Education
and Treatment Act of 1986, Section 6004(a), codified at 5 U.S.C. 7904,
"Employee assistance programs relating to drug abuse and alcohol abuse";

g\. Section 503 of the Supplemental Appropriations Act of 1987, Public
Law 100-71, 101 Stat. 391, 468-471, codified at Title 5 United States
Code (U.S.C.) §7301 note (1987);

h\. VA Directive and Handbook 0710, "Personnel Suitability and Security
Program;"

i\. VA Handbook 5005, Part II, Chapter 2, and 5 CFR parts 315 and 316,
Employment in the Competitive Service;

> j\. VA Handbook 5011, Part III, Absence and Leave;

k\. VA Handbook 5019, Part VI, Employee Assistance Program;

l\. VA Handbook 5021, Parts I and II, Disciplinary and Adverse Actions;

m\. VA Handbook 5021, Part III, Probationary Period;

n\. VA Handbook 5021, Part IV, Disciplinary and Grievance Procedures;

o\. 5 CFR Part 732, National Security Positions;

p\. 5 CFR Part 752, Adverse Action;

q\. 5 U.S.C. 7103(a)(10) and (11);

r\. 5 U.S.C. 8331 (20);

s\. 5 U.S.C. 8401 (17);

t\. 5 U.S.C. Section 552a, The Privacy Act of 1974, prescribing
requirements governing the maintenance of records by agencies pertaining
to the individual(s) and access to these records by the individual(s) to
whom they pertain;

u\. 5 U.S.C. Subchapter VI of Chapter 73;

v\. 21 U.S.C. 802(6);

w\. 21 U.S.C. 812, Schedule of Controlled Substances;

x\. 38 CFR § 1.575-1.584, implementing the Privacy Act of 1974 within
VA;

y\. 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient
Records; and

z\. 42 U.S.C. 290dd.

**5. DEFINITIONS**

a\. **Applicant.** Any individual tentatively selected for employment in
a Testing Designated Position (TDP) with VA, and includes any individual
in VA who has tentatively been identified for placement in

a TDP and who has not, immediately prior to the placement, been subject
to random testing and any individual serving on a temporary appointment
who has applied for and been tentatively selected for conversion to
permanent appointment in a TDP.

([Note]{.underline}: all health professions interns, residents, fellows,
students and trainees are the only groups of candidates for TDPs who are
excluded from testing as applicants).

b\. **Employee Assistance Program (EAP).** The VA-based counseling
program that offers assessment, short-term counseling, and referral
services to employees for a wide range of drug, alcohol, and mental
health problems, and monitors the progress of employees while in
treatment. The VA\'s EAP policy is contained in VA \[Handbook 5019, Part
VI.\]

c\. **Employee Assistance Program Administrator.** The DAS for Human
Resources Management, or designee, who is responsible for ensuring the
development, implementation and review of the Department EAP.

d\. **Employee Assistance Program Coordinator.** The individual
designated by the facility Director (or the DAS for Human Resources
Management at VA Central Office) responsible for implementing and
operating the EAP at the facility, by providing counseling, treatment,
and education services to employees and supervisors regarding the
facility EAP.

e\. **Employees in Sensitive Positions are:**

\(1\) Employees in positions designated by the Secretary as
Critical/Special Sensitive or employees in positions designated by the
Secretary as sensitive in accordance with Executive Order 10450, as
amended;

\(2\) Employees granted access to national security classified
information or who may be granted access to national security classified
information pursuant to a determination of trustworthiness by the
Security Office under Section 3.1 of Executive Order 12968 and 5 CFR,
Part 732;

\(3\) Individuals serving under Presidential appointments;

\(4\) Law enforcement officers as defined in 5 U.S.C. §§ 8331(20) and
8401(17); or

\(5\) Other positions that the Secretary determines involve law
enforcement, national security, the protection of life and property,
public health or safety.

f\. **Illegal Drugs.** A controlled substance included in Schedule I or
II, as defined by section 802(6) of Title 21, U.S.C., the possession of
which is unlawful under chapter 13 of that Title. The term illegal drug
does not mean the use of a controlled substance pursuant to a valid
prescription or other uses authorized by law.

g\. **Management Official.** An employee required or authorized by VA to
formulate, determine, or influence the policies of the VA. {5 U.S.C. §
7103 (a)(ll)}.

h\. **Medical Review Officer.** The individual responsible for receiving
laboratory results generated from the VA Drug-Free Workplace Program who
is a licensed physician with knowledge of substance

abuse disorders and the appropriate medical training to interpret and
evaluate all positive test results together with an individual\'s
medical history and any other relevant biomedical information.

i\. **Random Testing.** A system of drug testing imposed without
individualized suspicion that a particular individual is using illegal
drugs. Random testing may either be uniform, unannounced testing of
testing designated employees occupying a specified area, element or
position, or may be a statistically random sampling of such employees
based on a neutral criterion, such as social security numbers.

j\. **Supervisor.** An employee having authority to hire, direct,
assign, promote, reward, transfer, furlough, lay off, recall, suspend,
discipline, or remove other employees, to adjust their grievances, or to
effectively recommend such action, if the exercise of the authority is
not merely routine or clerical in nature, but requires the consistent
exercise of independent judgment (Title 5 U.S.C. § 7103 (a)(10).

k\. **Testing Designated Positions.** Employment positions within VA
which have been designated for random testing under paragraph 9.b. of
\[Part I to\] VA Handbook 5383 \[ \].

l\. **Verified Positive Test Result.** A test result that has been
screened positive by an FDA-approved immunoassay test, confirmed by a
Gas Chromatography/Mass Spectrometry assay, (or other confirmatory tests
approved by HHS), evaluated by the Medical Review Officer and determined
by him/her to be justified under paragraph 13 of \[Part I to\] VA
Handbook 5383 \[ \].

**VA DRUG-FREE WORKPLACE PROGRAM**

**1. REASON FOR ISSUE:** This handbook provides departmental procedures
for our Drug-Free Workplace Program, and collection of urine specimens
for drug testing, transportation of specimens to the testing laboratory,
and submission of blind samples for the purpose of quality control.

**2. SUMMARY OF CONTENTS/MAJOR CHANGES:** This handbook combines the
former VA Handbooks 5383.1, VA Drug ­Free Workplace Program, and 5383.2,
Urine Drug Testing: Collection and Transportation of Urine. Additional
changes include the addition of Chiropractors to positions subject to
random drug testing and minor revisions to the paragraph covering
Reasonable Suspicion Testing in Part I to this Handbook. This new
handbook will be maintained on the [Office of Human Resources Management
and Labor Relations Web
site](http://vaww.va.gov/ohrm/Directives-Handbooks/Direct_Hand.htm).

**3. RESPONSIBLE OFFICE:** The Employee Relations and Performance
Management Service (051), Office of the Deputy Secretary for Human
Resources Management and Labor Relations.

**4. RELATED DIRECTIVE:** VA Directive 5383, VA Drug-Free Workplace
Program.

**5. RESCISSIONS:** VA Handbook 5383.1, VA Drug-Free Workplace Program
and VA Handbook 5383.2, Urine Drug Testing: Collection and
Transportation of Urine Specimens.

**CERTIFIED BY: BY DIRECTION OF THE SECRETARY**

**OF VETERANS AFFAIRS**

/s/Robert N. McFarland /s/R. Allen Pittman

Assistant Secretary for Assistant Secretary for

Information and Technology Human Resources and Administration

ELECTRONIC DISTRIBUTION ONLY

**VA DRUG-FREE WORKPLACE PROGRAM**

**CONTENTS**

**[PART I](#PtI). DRUG-FREE WORKPLACE PROGRAM**

**[PART II](#PtII). Urine Drug Testing: Collection and Transportation of
Urine**

**Specimens**

\[**VA DRUG-FREE WORKPLACE PROGRAM**

**PART I. DRUG-FREE WORKPLACE PROGRAM**

**CONTENTS**

**PARAGRAPH PAGE**

1\.
[PURPOSE](#PtIPara1).......................................................................................................
I-1

2\.
[INTRODUCTION](#PtIPara2)..............................................................................................
I-1

3\. [EMPLOYEE ASSISTANCE
PROGRAMS](#PtIPara3).................................................................I-1

4\. [SUPERVISORY
TRAINING](#PtIPara4)..................................................................\...\...\...\...\...\.....I-2

5\. [EMPLOYEE
EDUCATION](#PtIPara5)...................................................................................I-4

6\. [SPECIAL DUTIES AND
RESPONSIBILITIES](#PtIPara6)......................................................\...\...
I-4

7\.
[NOTICE](#PtIPara7)..........................................................................................................I-8

8\. [FINDINGS OF DRUG USE AND DISCIPLINARY
CONSEQUENCES](#PtIPara8).....................\.........I-10

9\. [RANDOM
TESTING](#PtIPara9)...........................................................................\...\...\...\...\...\.....I-12

10\. [REASONABLE SUSPICION
TESTING](#PtIPara10)...................................................\...\...\...\...\...\....
I-15

11\. [APPLICANT
TESTING](#PtIPara11).....................................................................................
I-16

12\. [ADDITIONAL TYPES OF DRUG
TESTING](#PtIPara12).............................................\...\...\...\...\...\...
I-18

13\. [TEST PROCEDURES IN
GENERAL](#PtIPara13).....................................................................I-19

14\. [RECORDS AND
REPORTS](#PtIPara14)..................................................................\...\...\...\...\...\...
I-20

**APPENDICES**

I-A. [TESTING DESIGNATED
POSITIONS](#PtIAppA)..................................................................
I-A-1

I-B. [SAMPLE 30-DAY SPECIFIC
NOTICE](#PtIAppB)...............................................................\...
I-B-1

1-C. [SAMPLE
ACKNOWLEDGEMENT](#PtIAppC)..................................................................\...
I-C-1

1-D. [DRUG-FREE WORKPLACE PROGRAM/GENERAL NOTICE](#PtIAppD)

[TO ALL
EMPLOYEES](#PtIAppD).....................................................................................I-D-1\]

[]{#PtI .anchor}**PART I. DRUG-FREE WORKPLACE PROGRAM**

**1.** []{#PtIPara1 .anchor}**PURPOSE**

a\. This \[part\] contains mandatory VA procedures for the Drug-Free
Workplace Program.

b\. \[This part\] also contains:

\(1\) Testing designated positions (Appendix A); and,

\(2\) Sample 30-day specific notice and sample acknowledgment (Appendix
B)

**2.** []{#PtIPara2 .anchor}**INTRODUCTION.** The following provides
background information on the establishment of VA's Drug-Free Workplace
Program:

a\. On September 15, 1986, President Reagan signed Executive Order
12564, establishing the goal of a drug-free Federal workplace. The Order
made it a condition of employment for all Federal employees to refrain
from using illegal drugs on or off duty. In a letter to all executive
branch employees dated October 4, 1986, the President reiterated his
goal of ensuring a safe and drug-­free workplace for all Federal workers.

b\. The Executive order recognized that illegal drug use is seriously
impairing a portion of the national workforce, resulting in the loss of
billions of dollars each year. As the largest employer in the nation,
the Federal government has a compelling proprietary interest in
establishing reasonable conditions of employment. Prohibiting employee
drug use is one such condition. The Department of Veterans Affairs is
concerned with the well-­being of its employees, the successful
accomplishment of departmental missions, and the need to maintain
employee productivity. The intent of this policy is to offer a helping
hand to those who need it, while sending a clear message that any
illegal drug use is, quite simply, incompatible with Federal service.

c\. On July 11, 1987, Congress passed legislation affecting
implementation of the Executive Order under Section 503 of the
Supplemental Appropriations Act of 1987, Public Law 100-71, 101 Stat.
391, 468-471, codified at Title 5 United States Code (U.S.C.) § 7301
note (1987), (hereafter, known as "the Act"), in an attempt to establish
uniformity among Federal agency drug testing plans, reliable and
accurate drug testing, employee access to drug testing records,
confidentiality of drug test results, and centralized oversight of the
Federal Government\'s drug testing program. Similar implementing
legislation is contained in successor appropriations acts.

d\. The purpose of VA's Drug-Free Workplace Program is to set forth
objectives, policies, procedures, and implementation guidelines, to
achieve a Drug-­Free Federal Workplace, consistent with the Executive
order and section 503 of the Act.

**3.** []{#PtIPara3 .anchor}**EMPLOYEE ASSISTANCE PROGRAMS (EAP)**

a\. **Function.** The Department's EAP plays an important role in
preventing and resolving employee drug use by demonstrating VA's
commitment to eliminating illegal drug use; providing employees an

opportunity, with appropriate assistance, to discontinue their drug use;
providing educational material to

supervisors and employees on drug use issues; assisting supervisors in
confronting employees who have

performance and/or conduct problems and making referrals to appropriate
treatment and rehabilitative facilities; and, follow-up with individuals
during the rehabilitation period to track their progress and encourage
successful completion of the program. The EAP, however, shall not be
involved in the collection of urine samples or the initial reporting of
test results. Specifically, the EAP shall:

\(1\) Provide counseling and assistance to employees who self­ refer for
treatment or whose drug tests have been confirmed positive, and monitor
the employees\' progress through treatment and rehabilitation;

\(2\) Provide needed education and training on types and effects of
drugs, symptoms of drug use and its impact on performance and conduct,
relationship of the EAP with the drug testing program, and related
treatment, rehabilitation, and confidentiality issues; and

\(3\) Ensure that confidentiality of test results and related medical
treatment and rehabilitation records are maintained in accordance with
paragraph 14 of \[Part I to\] this Handbook.

b\. **Referral and Availability.** Any employee found to be using drugs
shall be referred to the EAP. The EAP shall be administered separately
from the testing program, and shall be available to all employees
without regard to a finding of drug use. The EAP shall provide
counseling or rehabilitation for all referrals, as well as education and
training regarding illegal drug use. Counseling and referral to
rehabilitation services will be offered to employees and their family
members with substance abuse problems, and also to employees who have
family members with substance abuse problems.

c\. **Leave Allowance.** Employees shall be allowed up to 1 hour (or
more, as necessitated by travel time) of excused absence for each
counseling session, up to a maximum of 8 total hours during the
assessment/referral phase of rehabilitation. Absences during duty hours
for rehabilitation or treatment must be charged to the appropriate leave
category in accordance with law and leave regulations and \[VA Handbook
5011, Part III\], Absence and Leave.

d\. **Records and Confidentiality.** All EAP operations shall be
confidential in accordance with paragraph 14 \[of Part I\] to this
Handbook, which relates to records and confidentiality.

e\. **Structure**

\(1\) The Office of Human Resources Management shall be responsible for
oversight and implementation of the VA EAPs and will provide, with the
support of the Secretary, high level direction and promotion of the EAP.

\(2\) Department policy on the structure, functions and responsibilities
in the EAP is found in \[VA Handbook 5019, Part VI\].

**4.** []{#PtIPara4 .anchor}**SUPERVISORY TRAINING**

a\. **Objectives.** As supervisors have a key role in establishing and
monitoring a drug-free workplace, VA shall provide training to assist
supervisors and managers in recognizing and addressing illegal drug use
by Department employees. The purpose of supervisory training is to
understand:

\(1\) Department policies related to work performance problems, drug
use, and the EAP;

\(2\) The responsibilities for offering EAP services;

\(3\) How employee performance and behavioral changes should be
recognized and documented;

\(4\) The roles of the medical staff, supervisors, personnel, and EAP
personnel;

\(5\) The ways to use the facility EAP;

\(6\) How the EAP is linked to the performance appraisal and the
disciplinary process; and,

\(7\) The process of reintegrating employees back into the work force.

b\. **Implementation.** The Office of Human Resources Management is
responsible for implementing supervisory training and for developing a
training package to ensure that all employees and supervisors are fully
informed of VA's Drug-Free Workplace Program.

c\. **Training Package**

\(1\) Supervisory training shall be required of all supervisors and may
be presented as a separate course, or be included as part of an ongoing
supervisory training program. Training shall be provided as soon as
possible after a person assumes supervisory responsibility. Training
courses should include:

\(a\) Overall Department policy;

\(b\) The prevalence of various employee problems with respect to drugs
and alcohol;

\(c\) The EAP approach to handling problems;

\(d\) How to recognize employees with possible problems;

\(e\) Documentation of employee performance or behavior;

\(f\) How to approach the employee;

\(g\) How to use the EAP;

\(h\) Disciplinary action, and removals from sensitive positions as
required by section 5(c) of the Executive order;

\(i\) Reintegration of employees into the work force; and,

\(j\) Written materials which the supervisor can use at the work site.

\(2\) The supervisory training unit provided by the Office of Human
Resources Management should be supplemented and modified to meet local
facility needs as determined by the Human Resources Management Officer
in consultation with the facility Director, MRO, and EAP Coordinator.

**5.** []{#PtIPara5 .anchor}**EMPLOYEE EDUCATION**

a\. **Objectives.** The Department EAP Administrator shall assist
facility EAP Coordinators in offering drug education to all VA
employees. Drug education should include education and training on:

\(1\) Types of drugs tested for;

\(2\) Symptoms of drug use, and the effects on performance and conduct;

\(3\) The relationship of the EAP to the drug testing program; and,

\(4\) Other relevant treatment, rehabilitation, and confidentiality
issues.

b\. **Means of Education.** Drug education activities may include:

\(1\) Distribution of written materials;

\(2\) Videotapes;

\(3\) Lunchtime employee forums; and,

\(4\) Employee drug awareness days.

**6.** []{#PtIPara6 .anchor}**SPECIAL DUTIES AND RESPONSIBILITIES**

a\. **Drug Program Administrator (DPA).** The Deputy Assistant Secretary
(DAS) for Human Resources Management, or designee, is the VA Drug
Program Administrator responsible for carrying out the requirements of
this program. The DPA is responsible for the overall implementation,
direction, administration and management of the Department's drug
program. The DPA serves as the principal contact point with medical and
laboratory officials in assuring the effective operation of the testing
portion of the program. In carrying out this responsibility, the DPA
shall among other duties:

\(1\) Develop systems for all testing authorized under Executive Order
12564;

\(2\) Coordinate with and report to the Secretary on activities and
findings that may affect the reliability or accuracy of laboratory
results;

\(3\) Publicize and disseminate drug program educational materials, and
oversee training and education activities regarding drug usage and
rehabilitation; and,

\(4\) Coordinate all Drug Program Coordinator activities in field
facilities wherever possible to conserve resources and to efficiently
and speedily accomplish reliable and accurate testing objectives.

b\. **Drug Program Coordinators (DPCs)**

\(1\) The following officials have been designated as DPCs.

\(a\) Under Secretary for Health, Under Secretary for Benefits, \[Under
Secretary for Memorial Affairs\], Assistant Secretaries or appropriate
key officials, or designees, for field facility Directors.

\(b\) DAS for Human Resources Management, or designee, for Headquarters
employees.

\(c\) Field facility Directors, or designee, for employees under their
jurisdiction.

\[ \]

\(2\) Each DPC shall, in addition to other duties:

\(a\) Schedule employees for random testing authorized under this
Program;

\(b\) Control access to random listing of employees to be tested;

c\) Coordinate with and report to the DPA on DPC activities and findings
that may affect the reliability or accuracy of laboratory results; and

\(d\) In coordination with the EAP Coordinator, publicize and
disseminate drug program educational materials, and oversee training and
education sessions regarding drug use and rehabilitation.

c\. **Administrative Officials**

\(1\) The Administrative Official at field facilities will be the
facility Director, or designee. At VA Central Office, the Administrative
Official will be the appropriate Administration Head, Deputy Assistant
Secretary (DAS), or appropriate other key official. In cases involving
field facility Directors, the Administrative Official will be the
appropriate Administration Head, \[Network Director,\] or other
appropriate key official. For Administration Heads, \[Network
Directors,\] Assistant Secretaries, DAS\'s or other key officials, the
Administrative Official will be the Deputy Secretary.

\(2\) The Administrative Official will receive verified positive test
results from the MRO and take appropriate action, e.g., referral to the
Employee Assistance Program, referral for disciplinary action, or
removal of employee from a sensitive position.

d\. **Employee Assistance Program Administrator.** The EAP Administrator
shall:

\(1\) Assume the lead role in the development, implementation, and
evaluation of the Department EAP;

\(2\) Assist EAP Coordinators in establishing field facility EAPs; and

\(3\) Advise field facilities on the submission of annual statistical
reports, and prepare consolidated reports on Department EAP activity.

e\. **Employee Assistance Program Coordinators.** The EAP Coordinators
shall:

\(1\) Implement and operate the EAP within their field facilities;

\(2\) Provide counseling and treatment services to all employees
referred to the EAP by their supervisors or on self-referral, and
otherwise offer employees the opportunity for counseling and
rehabilitation;

\(3\) Coordinate with the field facility Director, the MRO and
supervisors, as appropriate;

\(4\) Work with the DPC to provide educational materials and training to
managers, supervisors, and employees on illegal drugs in the workplace;

\(5\) Assist supervisors with performance and/or personnel problems that
may be related to illegal drug use;

\(6\) Monitor the progress of referred employees during and after the
rehabilitation period;

\(7\) Assist supervisors in the recognition and documentation of facts
and circumstances that support a reasonable suspicion that an employee
may be using illegal drugs; and,

\(8\) Maintain a list of rehabilitation or treatment organizations which
provide counseling and rehabilitative programs, and include the
following information on each such organization:

\(a\) Name, address, and phone number;

\(b\) Types of services provided;

\(c\) Hours of operation, including emergency hours;

\(d\) The contact person\'s name and phone number;

\(e\) Fee structure, including insurance coverage;

\(f\) Client specialization; and

\(g\) Other pertinent information.

> \(9\) Periodically visit rehabilitative or treatment organizations to
> meet administrative and staff

members, tour the site, and ascertain the experience, certification and
educational level of staff, and the organization\'s policy concerning
progress reports on clients and post­-treatment follow­-up.

f\. **Employee Assistance Counselors**

\(1\) Facility Employee Assistance Counselors shall:

\(a\) Serve as the initial point of contact for employees who ask or are
referred for counseling;

\(b\) Be familiar with all applicable law and regulations, including
drug treatment and rehabilitation insurance coverage available to
employees through the Federal Employee Health Benefits Program;

\(c\) Be qualified by the EAP Coordinator and be trained in counseling
employees in the occupational setting, and identifying drug use;

\(d\) Document and sign the treatment plan prescribed for all employees
referred for treatment, after obtaining the employee\'s signature on
this document; and

\(e\) In making referrals, consider the following:

[1]{.underline}. Nature and severity of the problem;

[2]{.underline}. Location of the treatment;

[3]{.underline}. Cost of the treatment;

[4]{.underline}. Intensity of the treatment environment;

[5]{.underline}. Availability of inpatient/outpatient care;

[6]{.underline}. Other special needs, such as, transportation and child
care; and,

[7]{.underline}. The preferences of the employee.

\(2\) In the event the employee is not satisfied with the program of
treatment or rehabilitation, that employee may seek a review of the EAP
Counselor\'s referral by notifying the DPC prior to completion of the
program. The decision of the DPC shall be final and shall not be subject
to further administrative review. Regardless of the treatment program
chosen, the employee remains responsible for successful completion of
the treatment, and assertions that the counselor failed to consider one
or more of the above factors in making a referral shall not constitute
either an excuse for continuing to use illegal drugs or a defense to
disciplinary action if the employee does not complete treatment.

g\. **Medical Review Officers.** The MRO shall, among other duties:

\(1\) Receive all laboratory test results;

\(2\) Ensure that an individual who has tested positive has been
afforded an opportunity to justify the test result in accordance with
paragraph 13.d. of \[Part I to\] this Handbook;

\(3\) Consistent with confidentiality requirements, refer written
determinations regarding all verified positive test results to
designated Administrative Officials, including a positive drug test
result form indicating that the positive result has been verified,
together with all relevant documentation and a summary of findings;

\(4\) Confirm with the appropriate human resources management official
when an applicant has obtained a verified positive test result; and,

\(5\) Coordinate with and report to the designated Administrative
Official on all activities and findings on a regular basis.

h\. **Human Resources Management Officials.** The servicing Human
Resources Management Officer, or designee, will provide advice and
assistance to Drug Program Coordinators, Administrative Officials, and
EAP Coordinators in carrying out their responsibilities in accordance
with this Program.

i\. **Supervisors**

\(1\) Supervisors will be trained to recognize and address illegal drug
use by employees, and will be provided information regarding referral of
employees to the EAP, procedures and requirements for drug testing, and
behavioral patterns that give rise to a reasonable suspicion that an
employee may be using illegal drugs. Except as modified by the Secretary
to suit specific program responsibilities, first line supervisors shall:

\(a\) Attend training sessions on illegal drug use in the workplace;

\(b\) Initiate a reasonable suspicion test, after first making
appropriate factual observations and documenting those observations and
obtaining approval from the higher level supervisor;

\(c\) Refer employees to the EAP for assistance in obtaining counseling
and rehabilitation, upon a finding of illegal drug use;

\(d\) Initiate appropriate disciplinary action upon a finding of illegal
drug use; and,

\(e\) In conjunction with personnel specialists, assist higher level
supervisors and the EAP coordinator in evaluating employee
conduct/performance and/or personal problems that may be related to
illegal drug use.

\(2\) Higher level supervisor shall review and concur, in advance, with
all reasonable suspicion tests ordered under their supervision.

j\. **Government Contractors.** Wherever existing facilities are
inadequate to implement this program, the Secretary or designee shall:

\(1\) Act as Contracting Officer for the administration of all related
contracts;

\(2\) Ensure that contractors chosen to perform the drug screening tests
are duly certified pursuant to the Department of Health and Human
Services (HHS) guidelines and that all contracts conform to the
technical specifications of the HHS guidelines; and,

\(3\) Establish, by contract or with VA employees as deemed appropriate,
the positions and specific responsibilities of the DPC and the MRO as
required by the HHS guidelines.

**7.** []{#PtIPara7 .anchor}**NOTICE**

a\. **General Notice.** A general notice from the Secretary announcing
the testing program, as required by Section 4(a) of the Executive order
will be provided to all employees no later than sixty (60) days prior to
the implementation date of the program. The notice shall explain:

\(1\) The purpose of the VA Drug-­Free Workplace Program;

\(2\) That the program will include both voluntary and mandatory
testing;

\(3\) That those who occupy testing designated positions (Appendix A of
\[Part I to\] this Handbook) will also receive an individual notice,
prior to the commencement of testing, indicating that their position has
been designated a testing designated position;

\(4\) The availability and procedures necessary to obtain counseling and
rehabilitation through the EAP;

\(5\) The circumstances under which testing may occur;

\(6\) That opportunity will be afforded to submit medical documentation
of lawful use of an otherwise illegal drug;

\(7\) That the laboratory assessment is a series of tests which are
highly accurate and reliable, and that, as an added safeguard,
laboratory results are reviewed by the MRO;

\(8\) That positive test results verified by the MRO may only be
disclosed to the employee, the appropriate EAP coordinator, the
appropriate management officials necessary to process an adverse action
against the employee, or a court of law or administrative tribunal in
any adverse personnel action; and,

\(9\) That all medical and rehabilitation records in an EAP will be
deemed confidential patient records and may not be disclosed without the
prior written consent of the patient.

b\. **Individual Notice**

\(1\) In addition to the general notice, an individual notice will be
issued to all employees in testing designated positions explaining, in
addition to the information provided above:

\(a\) That the employee\'s position has been designated as a testing
designated position;

\(b\) That the employee will have the opportunity to voluntarily
identify himself or herself as a user of illegal drugs and to receive
counseling or rehabilitation, and shall not be subject to disciplinary
action; and,

\(c\) That the employee\'s position will be subject to random testing no
sooner than 30 days.

\(2\) Field facility Directors (the DAS for Human Resources Management
for Headquarters employees and field facility Directors) or designees
shall assure that a specific notice is given, in writing, to each
employee in a testing designated position subject to random testing, no
later than 30 days before testing commences. A copy of the previously
issued General Notice should be attached to the specific notice. A
sample notice appears in Appendix B of \[Part I to\] this Handbook.

\(3\) Employees entering into positions subject to random testing after
the date of this Handbook, by appointment, transfer, promotion,
reassignment or any other personnel action will be given a notice at the
time the personnel action is effected.

c\. **Signed Acknowledgment**

\(1\) Each employee in a testing designated position shall be asked to
acknowledge in writing a statement similar to the following: The
employee has received and read the notice which states that the
employee\'s position has been designated for random drug testing; and
that refusal to submit to testing will result in initiation of
disciplinary action, up to and including removal.

\(2\) If the employee refuses to sign the acknowledgment, the
employee\'s supervisor shall note on the acknowledgment form that the
employee received the notice. This acknowledgment shall be centrally
collected for easy retrieval by the Drug Program Coordinator, and is
advisory only. An employee\'s failure to sign the notice shall not
preclude testing that employee, or otherwise affect the implementation
of this program since the general 60-day notice will previously have
notified all agency employees of the requirement to be drug free.

\(3\) A sample acknowledgment appears in Appendix B of \[Part I to\]
this Handbook.

d\. **Administrative Relief.** If an employee believes his or her
position has been wrongly designated as a testing designated position
(TDP), that employee may file an administrative appeal through channels
to the DAS for Human Resources Management. The appeal must be submitted
by the employee, in writing, within 15 days of notification, setting
forth all relevant information. After carefully reviewing the appeal,
the DAS for Human Resources Management may request that the Assistant
Secretary for Human Resources and Administration, reconsider the
designation of the position as a TDP. The appeal shall be reviewed by
all officials based upon the criteria applied in designating that
employee\'s position as a TDP. The Assistant Secretary for Human
Resources and Administration's decision is final and is not subject to
further administrative review.

**8.** []{#PtIPara8 .anchor}**FINDINGS OF DRUG USE AND DISCIPLINARY
CONSEQUENCES**

a\. **Determination.** An employee may be found to use illegal drugs on
the basis of any appropriate evidence including, but not limited to:

\(1\) Direct observation;

\(2\) Evidence obtained from an arrest or criminal conviction;

\(3\) A verified positive test result; or,

\(4\) An employee\'s voluntary admission.

b\. **Mandatory Administrative Actions.** VA shall refer an employee
found to use illegal drugs to the EAP, and, if the employee occupies a
sensitive position, immediately relieve the employee from that position
without regard to whether it is a testing designated position. However,
the field facility Director (Administration Heads, Assistant
Secretaries, Deputy Assistant Secretaries or other Key Officials for VA

Central Office personnel and field employees in centralized positions)
as part of an EAP may, in his/her

discretion, allow the employee to return to duty in a sensitive position
if the employee\'s return would not endanger public health or safety or
national security. [Note]{.underline}: national security determinations
are coordinated with the \[Office of Security and Law Enforcement\].

c\. **Range of Consequences**

\(1\) The severity of the disciplinary action taken against an employee
found to use illegal drugs will depend on the circumstances of each
case, will be consistent with the Executive order, and includes the full
range of disciplinary actions, including removal. VA shall initiate
disciplinary action against any employee found to use illegal drugs but
shall not discipline an employee who voluntarily admits to illegal drug
use in accordance with paragraph 8.f. of \[Part I to\] this Handbook.

\(2\) Such disciplinary action, consistent with the requirements of P.L.
95-454, the Civil Service Reform Act, and other statutes, \[ \]
policies, and regulations may include \[at a minimum\] any of the
following measures:

\(a\) Admonishing or reprimanding the employee in writing;

\(b\) Placing the employee in an enforced leave status;

\(c\) Suspending the employee for 14 days or less;

\(d\) Suspending the employee for 15 days or more;

\(e\) Suspending the employee until the employee successfully completes
the EAP or until VA determines that action other than suspension is more
appropriate;

\(f\) Removing the employee from service; or,

\(g\) Reducing the employee in pay or grade.

\(3\) All disciplinary actions will fully conform to the policies and
procedures contained in \[VA Handbook 5021, Parts I and II,\] as
appropriate. For employees not subject to these procedures, action
deemed appropriate to correct the situation, including separation, will
be taken.

d\. **Mandatory Initiation of Removal From Service**

\(1\) VA shall initiate action to remove an employee for:

\(a\) Refusing to obtain counseling or rehabilitation through an
Employee Assistance Program as required by the Executive order after
having been found to use illegal drugs; or,

\(b\) Having been found not to have refrained from illegal drug use
after a first finding of illegal drug use.

\(2\) The servicing human resources management office will be consulted
for advice and assistance prior to initiating or taking disciplinary
actions under this program.

e\. **Refusal to Take Drug Test When Required**

\(1\) An employee who refuses to be tested when so required will be
subject to the full range of disciplinary action, including removal.

\(2\) No applicant who refuses to be tested shall be extended an offer
of employment.

\(3\) Attempts to alter or substitute the specimen provided will be
deemed a refusal to take the drug test when required.

f\. **Voluntary Referral**

\(1\) A fundamental purpose of VA\'s drug testing program is to assist
employees who themselves are seeking treatment for drug use. For this
reason, VA will not initiate disciplinary action against any employee
who meets all three of the following \"safe harbor\" conditions:

\(a\) Voluntarily identifies him/herself as a user of illegal drugs
prior to being identified through other means;

\(b\) Obtains counseling or rehabilitation through an Employee
Assistance Program; and

\(c\) Thereafter refrains from using illegal drugs.

\(2\) This self-referral option allows any employee to step forward and
identify him/herself as an illegal drug user for the purpose of entering
a drug treatment program under the EAP. In stepping forward, and
consistent with paragraph 12.b. of \[Part I to\] this Handbook, an
employee may volunteer for a drug test as a means of identification.
Although this self-identification test may yield a verified positive
test result, such result shall not subject the employee to discipline
assuming the three safe harbor requirements are met.

\(3\) Since the key to this provision\'s rehabilitative effectiveness is
an employee\'s willingness to admit his or her problem, this provision
will not be available to an employee who is asked to provide a urine
sample when required, or who is found to have used illegal drugs
pursuant to paragraph 8.a. \[of Part I to this Handbook,\] and who
thereafter requests protection under this provision.

**9.** []{#PtIPara9 .anchor}**RANDOM TESTING**

a\. **Position Titles Designated for Random Drug Testing.** The position
titles designated for random drug testing are listed in Appendix A of
\[Part I to\] this Handbook, along with the criteria and procedures
applied in designating such positions for drug testing. Other positions,
based on the specified duties assigned in relation to the criteria in
paragraph b below, may be considered for inclusion as testing designated
positions for random testing upon recommendation of the field facility
Director (or Service Director or comparable positions in \[VA Central
Office\] \[ \]). The recommendation must receive the approval of the
Assistant Secretary for \[Management\] \[ \] before the position may be
included for random testing. Before making decisions, the approving
official should refer the request, including the rationale for the
designation and a copy of the official position description or
equivalent, to the Office of Human Resources Management for review and
recommendation by the Drug Program Administrator.

b\. **Determining the Testing Designated Position**

\(1\) Among the factors the Secretary has considered in determining a
testing designated position, are the extent to which VA:

\(a\) Considers its mission inconsistent with illegal drug use;

\(b\) Is engaged in law enforcement;

\(c\) Has national security responsibilities;

\(d\) Has drug interdiction responsibilities; or

\(2\) The extent to which the position considered:

\(a\) Authorizes employees to carry firearms;

\(b\) Gives employees access to sensitive information;

\(c\) Authorizes employees to engage in law enforcement;

\(d\) Requires employees, as a condition of employment, to obtain a
security clearance; and/or,

\(e\) Requires employees to engage in activities affecting public health
or safety.

\(3\) These positions are characterized by critical safety or security
responsibilities as related to the mission of VA. The job functions
associated with these positions directly and immediately relate to
public health and safety, the protection of life and property, law
enforcement, or national security. These positions are identified for
random testing because they require the highest degree of trust and
confidence.

\(4\) The Secretary reserves the right to add or delete positions
determined to be testing designated positions pursuant to the criteria
established in the Executive order, VA Directive 5383 and this Handbook.
Moreover, pursuant to 42 U.S.C. 290dd, the Secretary has determined that
all positions which have been or will be designated as testing
designated positions under this program are \"sensitive positions,\" and
are therefore exempted from coverage under 42 U.S.C. 290dd which
provides that no person may be denied or deprived of Federal civilian
employment or a Federal professional or other license or right solely on
the basis of prior drug abuse.

c**.** **Implementing Random Testing.** In implementing the program of
random testing, the Drug Program Administrator shall:

\(1\) Ensure that the means of random selection remains confidential;
and,

\(2\) Evaluate periodically whether the numbers of employees tested and
the frequency with which those tests will be administered satisfy VA\'s
duty to achieve a drug-free workforce.

d\. **Notification of Selection**

\(1\) The Office of Human Resources Management will implement a
statistically random selection process for identifying employees to be
tested during the specified month. A statistically random listing of
employees to be tested will be generated from the PAID system on a
monthly basis and will be communicated to officials listed below or one
other designee. (Scheduling of employees for specimen collection will be
coordinated with the appropriate VHA laboratory.) The following
officials and/or one other designee will be responsible for scheduling
employees for specimen collection and for controlling access to the
listings.

\(a\) Under Secretary for Health, Under Secretary for Benefits, \[Under
Secretary for Memorial Affairs,\] or other appropriate Assistant
Secretary or key official for field facility Directors.

\(b\) Assistant Secretary or DAS for Human Resources Management for \[VA
Central Office\] employees. (Upon request, Administration Heads, Deputy
Assistant Secretaries and other key officials may have access to
listings of \[Central Office\] employees under their jurisdiction who
have been identified for drug testing.)

\(c\) Field facility Directors or one other designee (e.g., Chief, Human
Resources Management Service) for employees under their jurisdiction.

\(d\) General Counsel for all Office of the General Counsel field
employees.

\[ \]

\(2\) Urine specimens will be collected for all employees by laboratory
personnel at the employing or nearest VHA facility. Procedures for
collecting specimens at non-medical facilities are specified in \[Part
II to this\] Handbook \[ \]. Notification to report for specimen
collection will occur on the same day, preferably within two (2) hours,
of the scheduled collection. The employee will be advised that he or she
is under no suspicion of taking drugs and that his or her name was
selected randomly. Specimen collection, including chain of custody and
transportation of specimen to testing laboratories, will conform to HHS
guidelines.

e\. **Deferral of Testing**

\(1\) An employee selected for random drug testing may obtain a deferral
of testing under the limited conditions listed below.

\(a\) Employee is in a leave status (sick, annual, administrative or
leave without pay);

\(b\) Employee is in official travel status away from the test site or
is about to embark on official travel scheduled prior to testing
notification.

\(2\) A deferral may be approved only by the field facility Director, or
designee (Administration Heads, Assistant Secretaries, other Key
Officials or Deputy Assistant Secretaries for \[VA Central Office
personnel\] or field facility Directors). An employee whose random test
is deferred will be subject to an unannounced test within the following
60 days.

f\. **Hardship Exemption.** Administration heads, Assistant Secretaries,
other Key Officials and Deputy Assistant Secretaries may exempt certain
positions from the drug testing program on the basis of hardship due to
remote location of duty station and lack of an appropriate site for test
administration. Reasonable means, however, should be used to overcome
such hardships. Officials exercising this delegated authority will
provide a report as to the reasons and facts underlying the hardship
exemption through the Deputy Assistant Secretary for Human Resources
Management to the Assistant Secretary for Human Resources and
Administration on a semiannual basis.

**10.** []{#PtIPara10 .anchor}**REASONABLE SUSPICION TESTING**

a\. **Grounds**

\(1\) Reasonable suspicion testing may be required of any employee in a
position which is **[designated]{.underline}** for random testing when
there is a reasonable suspicion that the employee uses illegal drugs
whether on or off-duty. \[ \] A reasonable suspicion of drug use \[ \]
may be based upon, among other things:

\(a\) Observable phenomena, such as direct observation of drug use or
possession and/or the physical symptoms of being under the influence of
a drug;

\(b\) A pattern of abnormal conduct or erratic behavior in the workplace
setting indicative of illegal drug use;

\(c\) Arrest or conviction for a drug-related offense, or the
identification of an employee as the focus of a criminal investigation
into illegal drug possession, use, or distribution of controlled
substances;

\(d\) Information provided either by reliable and credible sources or
independently corroborated; or,

\(e\) Newly discovered evidence that the employee has tampered with a
previous drug test.

\(2\) \[ \] Reasonable suspicion testing \[may be also be required of an
employee in a **[non-testing designated]{.underline}** position when
there is a reasonable suspicion of on-duty use or on-duty impairment. A
reasonable suspicion of on-duty drug use or on-duty impairment may be
based upon, among other things:

\(a\) Observable phenomena, such as direct observation of on-duty drug
use or possession and/or the physical symptoms of being under the
influence of a drug while on duty;

\(b\) A pattern of abnormal conduct or erratic behavior in the workplace
setting indicative of illegal drug use;

\(c\) Arrest or conviction for a drug-related offense, or the
identification of an employee as the focus of a criminal investigation
into illegal drug possession, use, or distribution of controlled
substances if the circumstances surrounding the arrest, conviction or
investigation suggest on-duty use or impairment;

\(d\) Information provided either by reliable and credible sources or
independently corroborated which indicates on-duty use or impairment; or

\(e\) Newly discovered evidence that the employee has tampered with a
previous drug test.

\(3\) Although reasonable suspicion testing does not require certainty,
mere \"hunches\" are not sufficient to meet this standard.

\(4\) Reasonable suspicion testing should be ordered and conducted as
soon as possible after the event(s) giving rise to the suspicion. This
is particularly important when testing an employee in non-testing
designated position in order to determine on duty use or impairment.\]

b\. **Procedures**

\(1\) If an employee is suspected of using illegal drugs, the
appropriate supervisor will gather all information, facts, and
circumstances leading to and supporting this suspicion. \[Ordinarily,
this will be done in time to complete testing on the day that the
suspicion arises.\] The official authorized to approve reasonable
suspicion testing will be the official authorized to propose adverse
actions for Title 5 employees \[covered by VA Handbook 5021, Part I,
Chapter 1,\] or higher level official and the official authorized to
propose major adverse actions for Title 38 employees \[covered under by
VA Handbook 5021, Part II, Chapter 2,\] or higher level official.\] The
basis for requiring reasonable suspicion testing will also be fully
documented by these officials.

\(2\) When reasonable suspicion has been established, the appropriate
supervisor will promptly detail, for the record and in writing, the
circumstances which formed the basis to warrant the testing. A written
report will be prepared to include, at a minimum, the appropriate dates
and times of reported drug related incidents, reliable/credible sources
of information, rationale leading to the test, findings of the test, and
the action taken.

c\. **Obtaining the Sample.** The employee may be asked to provide the
urine sample under observation in accordance with the criteria in
paragraph 13.b. of \[Part I to\] this Handbook.

d\. **Supervisory Training.** In accordance with paragraph 4. of \[Part
I to\] this Handbook, supervisors will be trained to address illegal
drug use by employees, to recognize facts that give rise to a reasonable
suspicion, and to document facts and circumstances to support a finding
of reasonable suspicion. Failure to receive such training, however,
shall not invalidate otherwise proper reasonable suspicion testing.

**11.** []{#PtIPara11 .anchor}**APPLICANT TESTING**

a\. **Objectives.** To maintain the high professional standards of VA\'s
work force, it is imperative that individuals who use illegal drugs be
screened out during the initial employment process before they are
placed on the employment rolls of VA. This procedure will have a
positive effect on reducing instances of illegal drug use by employees
working within VA, and will provide for a safer work environment.

b\. **Extent of Testing.** All applicants as defined in paragraph 5 of
VA Directive 5383 are subject to applicant drug testing, except medical
residents and interns (medical, dental, optometry and podiatry), and
affiliated health professions trainees/students (e.g., student nurses,
psychology trainees, pharmacy residents, psychology interns).

c\. **Exception to Receipt of Test Results Prior to Appointment in
Special Situations**

\(1\) Occasionally the need may arise to make an emergency appointment
to meet exigent needs, however, such a need would generally result from
a demand to provide critical healthcare services. In such unusual
circumstances, Administration Heads, Assistant Secretaries, other Key
Officials, Deputy Assistant Secretaries and field facility Directors may
approve a temporary appointment to a Testing Designated Position of an
applicant identified for drug testing prior to receipt of the results of
the applicant\'s drug test. Human Resources Management Officers will
prepare a Memorandum of Understanding to be signed by the applicant
indicating that the appointment is subject to immediate termination if
the test result is verified positive by the MRO. **Appointments under
this delegated authority may be effected only after the Memorandum of
Understanding is signed by the applicant and urine specimen has been
collected by laboratory personnel.**

\(2\) Temporary appointments made under this provision may not exceed 60
days in duration and may not be extended. Applicants for TDPs who are
identified for drug testing may [not]{.underline} be appointed to a
non-TDP position pending receipt of the drug test results.

3\) The basis for the exception will be fully documented, to show the
emergent situation upon which the determination was made, and approved
by the respective official listed above. Records of all such exceptions
will be maintained by the facility\'s Human Resources Management Office
for at least 2 years from the date of appointment and will be made
available for review by the Drug Program Administrator upon request.

d\. **Vacancy Announcements**

\(1\) The following notice will be communicated to applicants for VA
employment in a testing designated position and will also be included in
all VA vacancy announcements for such positions: \"All applicants
tentatively selected for VA employment in a testing designated position
are subject to urinalysis to screen for illegal drug use prior to
appointment. Applicants who refuse to be tested will be denied
employment with VA.\"

\(2\) In addition, each applicant will be notified that appointment to
the position will not be effected upon a verified positive drug test
result. Failure of the vacancy announcement to contain this statement
will not preclude applicant testing if advance written notice is
provided applicants in some other manner.

e\. **Procedures**

\(1\) Upon notification that an individual has been tentatively selected
for employment in a testing designated position, facility Human
Resources Management Officers (\[Director, CO Human Resources Service,
for Central Office\] applicants) will be responsible for scheduling
applicant testing and for directing applicants to the appropriate
facility for specimen collection. The drug test must be undertaken as
soon after notification as possible, and no later than 48 hours after
notice to the applicant. Where appropriate, applicants may be reimbursed
for reasonable travel expenses.

\(2\) When an exception to receipt of the drug test results prior to
appointment has been approved by an appropriate official, an individual
may be appointed to a testing designated position provided that a
Memorandum of Understanding has been signed and a urine specimen is
submitted for testing before the appointment is effected. The
appointment will be terminated immediately if the drug test result is
verified positive (see subparagraph 11.c.(1) \[of Part I to this
Handbook\]).

\(3\) Applicants will be advised of the opportunity to submit medical
documentation that may support a legitimate use for a specific drug and
that such information will be reviewed only by the MRO or the staff of
the MRO to determine whether the individual is licitly using an
otherwise illegal drug.

f\. **Human Resources Management Officials.** The facility Human
Resources Management Officer (\[Director, CO Human Resources Service for
Central Office\] applicants) shall assure, through consultation with the
MRO or the staff of the MRO, that a drug test has been conducted on that
individual and determine whether the test result is a verified positive
result.

g\. **Consequences.** VA will decline to extend a final offer of
employment to any applicant with a verified positive test result, and
such applicant may not reapply to VA for a period of 6 months. If an
applicant for permanent appointment is serving on a temporary
appointment, the permanent appointment will not be effected and the
temporary appointment will be terminated. The Human Resources Management
Officer working on the applicant\'s certificate shall be directed to
object to the applicant on the basis of failure to pass the physical, a
lack of personal characteristics necessary to relate to public
employment or failure to support the goals of the Department. VA shall
inform such applicant that a confirmed presence of a drug(s) in the
applicant\'s urine precludes VA from hiring him or her.

**12.** []{#PtIPara12 .anchor}**ADDITIONAL TYPES OF DRUG TESTING**

a\. **Injury, Illness, Unsafe, or Unhealthful Practice Testing**

\(1\) VA is committed to providing a safe and secure work environment.
It also has a legitimate interest in determining the cause of serious
accidents so that it can undertake appropriate corrective measures.
Post-accident drug testing can provide invaluable information in
furtherance of that interest. Accordingly, employees may be subject to
testing when, based upon the circumstances of the accident, their
actions are reasonably suspected of having caused or contributed to an
accident that meets the following criteria:

\(a\) The accident results in a death or personal injury requiring
immediate hospitalization; or,

\(b\) The accident results in damage to government or private property
estimated to be in excess of \$10,000.

2\) If an employee is suspected of having caused or contributed to an
accident meeting the above criteria, the appropriate supervisor will
present the facts leading to this suspicion to the field facility
Director for approval. Once approval has been obtained and arrangements
made for testing, the supervisor will prepare a written report detailing
the facts and circumstances that warranted the testing.

\(3\) Drug tests ordered under this provision should be done as soon as
possible after the accident or unsafe practice occurs.

\(4\) The conditions and procedures of testing shall be the same as
random testing.

b\. **Voluntary Testing.** In order to demonstrate their commitment to
VA\'s goal of a drug-free workplace and to set an example for other
Federal employees, employees not in testing designated positions may
volunteer for unannounced random testing by notifying their local Human
Resources

Management Officer. These employees will then be included in the pool of
testing designated positions subject to random testing, and be subject
to the same conditions and procedures, including the provisions of
paragraph 8.f. \[of Part I to this Handbook.\] Volunteers shall remain
in the TDP pool for the duration of the position which the employee
holds, or until the employee withdraws from participation.

c\. **Follow-up Testing.** All employees referred through administrative
channels who undergo a counseling or rehabilitation program for illegal
drug use through the EAP will be subject to unannounced testing
following completion of such a program for a period of one year as
determined by the local Employee Assistance Program Coordinator. Such
employees shall be tested at the amount stipulated in any applicable
abeyance agreement, or in the alternative, at an increased frequency of
at least 6 times per year through placement in a separate random pool.
Such testing is distinct from testing which may be imposed as a
component of the EAP.

**13.** []{#PtIPara13 .anchor}**TEST PROCEDURES IN GENERAL**

a\. **Technical Guidelines for Drug Testing.** VA shall adhere to all
scientific and technical guidelines for drug testing programs
promulgated by HHS consistent with the authority granted by Executive
Order 12564, and to the requirements of Section 503 of the Act. The VA
drug testing program shall have professionally trained collection
personnel, a laboratory certification program, rigorous analytical
standards and quality assurance requirements for urinalysis procedures,
and strict confidentiality requirements.

b\. **Privacy Assured**

\(1\) Any individual subject to testing under VA Directive 5383 and
\[Part I to\] this Handbook shall be permitted to provide urine
specimens in private, and in a rest room stall or similar enclosure so
that the employee is not observed while providing the sample. However,
collection site personnel of the same gender of the person tested may,
with the advance concurrence of a higher level supervisor, observe the
individual provide the urine specimen when such personnel have reason to
believe the individual may alter or substitute the specimen to be
provided. Collection site personnel may have reason to believe that a
particular individual may alter or substitute the specimen to be
provided when:

\(a\) Facts and circumstances suggest that the individual is an illegal
drug user;

\(b\) Facts and circumstances suggest that the individual is under the
influence of drugs at the time of the test;

\(c\) The individual has previously been found by VA to be an illegal
drug user;

\(d\) Facts and circumstances suggest that the individual has equipment
or implements capable of tampering or altering urine samples; or,

\(e\) The individual has previously tampered with a sample.

c\. **Failure to Appear for Testing.** Failure to appear for testing
without a deferral will be considered a refusal to participate in
testing and will subject an employee to the full range of disciplinary
actions,

including removal, and an applicant to the cancellation of an offer of
employment. If an individual fails to appear at the collection site at
the assigned time, the collector shall contact the DPC to obtain
guidance on action to be taken.

d\. **Opportunity to Justify a Positive Test Result**

\(1\) When a confirmed positive result has been returned by the
laboratory, the MRO shall perform the duties set forth in the HHS
Guidelines. For example, the MRO may choose to conduct employee medical
interviews, review employee medical history, or review any other
relevant biomedical factors. The MRO must review all medical records
made available by the tested employee when a confirmed positive test
could have resulted from legally prescribed medication. Evidence to
justify a positive result may include, but is not limited to:

\(a\) A valid prescription; or,

\(b\) A verification from the individual\'s physician verifying a valid
prescription

\(2\) Individuals are not entitled, however, to present evidence to the
MRO in a trial-type administrative proceeding, although the MRO has the
discretion to accept evidence in any manner the MRO deems most efficient
or necessary.

\(3\) If the MRO determines there is no justification for the positive
result, such result will then be considered a verified positive test
result. The MRO or the staff of the MRO shall immediately contact the
appropriate administrative official upon obtaining a verified positive
test result.

e\. **Employee Counseling and Assistance.** While participating in a
counseling or rehabilitation program, and at the request of the program,
the employee may be exempted from the random testing designated position
pool for a period not to exceed 60 days, or for a time period specified
in an abeyance agreement or treatment plan approved by the facility
Director or equivalent Headquarters official. Upon completion of the
program, the employee immediately shall be subject to follow-up testing
pursuant to paragraph 12.c. of \[Part I to\] this Handbook.

f\. **Savings Clause.** To the extent that any of the procedures
specified in this paragraph are inconsistent with any of those specified
in the Scientific and Technical Guidelines promulgated by the Department
of Health and Human Services, or any subsequent amendment thereto, such
HHS Guidelines or amendment shall supersede the procedures specified in
this paragraph, but only to the extent of the inconsistency.

**14.** []{#PtIPara14 .anchor}**RECORDS AND REPORTS**

a\. **Confidentiality of Test Results**

\(1\) The laboratory may disclose confirmed laboratory test results only
to the MRO or the staff of the MRO. Any positive result which the MRO
justifies by licit and appropriate medical or scientific documentation
to account for the result as other than the intentional ingestion of an
illegal drug will be treated as a negative test result and may not be
released for purposes of identifying illegal drug use. Test results will
be protected under the provisions of the Privacy Act, 5 U.S.C. § 552a,
[et]{.underline} [seq]{.underline}., and

Section 503(e) of the Act, and may not be released in violation of
either Act. The MRO may maintain only those records necessary for
compliance with this Program. Any records of the MRO or the staff of the
MRO, including drug test results, may be released to any supervisor or
management official for purposes of auditing the activities of the MRO,
except that the disclosure of the results of any audit may not include
personal identifying information on any employee

\(2\) In order to comply with Section 503(e) of the Act, the results of
a drug test of a VA employee may not be disclosed without the prior
written consent of such employee, unless the disclosure would be:

\(a\) To the MRO;

\(b\) To the EAP coordinator in which the employee is receiving
counseling or treatment or is otherwise participating;

\(c\) To any supervisory or management official within VA having
authority to take adverse personnel action against such employee; or,

\(d\) Pursuant to the order of a court of competent jurisdiction or
where required by the United States Government to defend against any
challenge against any adverse personnel action.

\(3\) For purposes of this paragraph, \"management official\" includes
any management or government official whose duties necessitate review of
the test results in order to process adverse personnel action against
the employee.

\(4\) In addition, test results with all identifying information removed
shall also be made available to VA personnel, including the DPC, for
data collection and other activities necessary to comply with Section
503(f) of the Act.

b\. **Employee Access to Records**

\(1\) Any employee who is the subject of a drug test shall have access
to any records relating to:

\(a\) Such employee\'s drug test; and,

\(b\) The results of any relevant certification, review, or revocation
of proceedings, as referred to in Section 503(a)(1)(A)(ii)(III) of the
Act.

\(2\) Except as authorized by law, an outside applicant who is the
subject of a drug test, however, shall not be entitled to this
information.

c\. **Confidentiality of Records in General**

\(1\) All drug testing information specifically relating to individuals
is confidential and should be treated as such by anyone authorized to
review or compile program records. In order to efficiently implement
this Program and to make information readily retrievable, the DPC shall
maintain all records relating to reasonable suspicion testing, suspicion
of tampering with evidence, and any other authorized documentation
necessary to implement this program.

\(2\) All records and information of the personnel actions taken on
employees with verified positive test results should be forwarded to the
servicing Human Resources Management Office. Such shall remain
confidential, and be maintained in locked files, with only authorized
individuals who have a \"need-to-know\" having access to them.

d\. **Employee Assistance Program Records.** The EAP Coordinator shall
maintain only those EAP records necessary to comply with this Program.
After the appropriate supervisor or management official refers an
employee to an EAP, the EAP will maintain all records necessary to carry
out its duties. All medical and/or rehabilitation records concerning the
employee\'s drug abuse, including EAP records of the identity,
diagnosis, prognosis, or treatment are confidential and may be disclosed
only as authorized by 42 C.F.R. Part 2, including the provision of
written consent by the employee. With written consent, the patient may
authorize the disclosure of those records to the patient\'s employer for
verification of treatment or for a general evaluation of treatment
progress. (42 C.F.R. § 2.1 [et]{.underline} [seq]{.underline}. (1986),
revised regulations promulgated at 52 F.R. 21796, June 9, 1987).

e\. **Maintenance of Records.** VA shall maintain the records of the
VA\'s Drug-Free Workplace Program consistent with the National Archives
Records Administration\'s, General Records Schedule 1, and all
applicable Federal laws, rules and regulations regarding confidentiality
of records, including the Privacy Act, 5 U.S.C. § 552a. If necessary,
records may be maintained as required by subsequent administrative or
judicial proceedings, or at the discretion of the Secretary. The
recordkeeping system should capture sufficient documents to meet the
operational and statistical needs of this program, and include:

\(1\) Notices of verified positive test results referred by the MRO;

\(2\) Written materials justifying reasonable suspicion testing or
evidence that an individual may have altered or tampered with a
specimen;

\(3\) Anonymous statistical reports; and,

\(4\) Other documents the DPC, MRO, or EAP Administrator deem necessary
for efficient compliance with this program.

f\. **Records Maintained By Government Contractors.** Any contractor
hired to satisfy any part of this program shall comply with the
confidentiality requirements of this program, and all applicable Federal
laws, rules, regulations and guidelines.

g\. **Statistical Information**

\(1\) The appropriate DPC or designee shall collect and compile
anonymous statistical data for reporting the number of:

\(a\) Random tests, reasonable suspicion tests, injury, illness, unsafe
or unhealthful practice testing, follow-up tests, or applicant tests
administered;

\(b\) Verified positive test results;

\(c\) Voluntary drug counseling referrals;

\(d\) Involuntary drug counseling referrals;

\(e\) Terminations or denial of employment offers resulting from refusal
to submit to testing;

\(f\) Terminations or denial of employment offers resulting from
alteration of specimens;

\(g\) Terminations or denial of employment offers resulting from failure
to complete a drug abuse counseling program; and,

\(h\) Employees who successfully complete EAP.

[]{#PtIAppA .anchor}**APPENDIX A. TESTING DESIGNATED POSITIONS**

1\. In accordance with criteria contained in Executive Order 12564,
positions listed in this appendix have been determined as \"sensitive\"
for drug testing purposes. VA employees in these positions will be
designated as subject to drug testing.

2\. Section 1 lists positions which the Secretary has determined involve
law enforcement, national security, the protection of life and property
public health or safety, or other functions requiring a high degree of
trust and confidence. All positions in the occupations listed are
covered by the random drug testing program.

3\. Section 2 lists Presidential Appointees in VA, whose positions,
according to Executive Order 12564, will be designated as sensitive.

4\. Section 3 lists additional positions which have been identified as
being subject to random testing because they have been designated as
Special/Critical Sensitive under 5 C.F.R. 732.201. Only those positions
which have the sensitivity level shown are included for random testing.

*[Note]{.underline}: the position statements which outline the reasons
that the positions are designated for testing are available for review
in local VA Human Resources Management offices.*

**Section 1.** The following lists positions which are subject to drug
testing because they involve law enforcement, national security, or the
protection of life and property, public health or safety. For ease of
reference, the listing has been divided into parts as follows:

a\. VHA positions authorized under Title 38, U.S.C., Chapters 73 and 74;

b\. General Schedule occupations (also includes positions in Title 38,
U.S.C., Sec. 7401(3));

c\. Federal Wage System occupations; and

d.  Key management positions

\[e. Employees that carry firearms on a daily or regular basis.\]

**Section 1a. VHA Positions Authorized Under Title 38 U.S.C., Chapters
73 and 74**

[Series]{.underline} [Title(s)]{.underline}

601 Expanded-Function Dental Auxiliary (EFDA) (Dental Assistant or
Dental Hygienist)

602 Physician (includes residents, osteopaths, clinical investigators,
medical investigators, and research associates)

603 Physician Assistant

604 Chiropractor

605 Nurse Anesthetist

610 Registered Nurse

668 Podiatrist

680 Dentist (includes residents and medical investigators)

**Section 1b. General Schedule Occupations** (This section includes
positions listed in Title 38 U.S.C., Sec. 7401(3))

[Series]{.underline} [Title(s)]{.underline}

GS-081 Firefighter/Fire Protector

GS-083 Police Officer/Detective

GS-085 Guard

GS-101 Coordinator, Alcohol/Drug Treatment Program

GS-101/102 Readjustment Counseling
Manager/Specialist/Technician/Assistant/Addiction Specialist

GS-180 Psychologist

GS-401 Hematologist, Histologist, Biologist, Research Biologist

GS-403 Microbiologist/Research Microbiologist

GS-405 Pharmacologist/Toxicologist

GS-601 Histotechnologist, Cytotechnologist

GS-601 Nuclear Medicine Technologist

GS-601 Registered Respiratory Therapist

GS-610 Occupational Health Nurse

GS-620 Licensed Practical Nurse

GS-621 Nursing Assistant

GS-622 Medical Supply Technician/Aid

GS-633 Physical Therapist

GS-640 Certified Respiratory Therapy Technician

GS-640 Health Technician

GS-642 Nuclear Medicine Technician

GS-644 Medical Technologist

GS-645 Medical Technician

GS-646 Histopathology/Cytology/Pathology Technician\
GS-647 Diagnostic Radiologic Technologist/Technician

GS-648 Therapeutic Radiologic Technologist/Technician

GS-649 Cardiac Catheterization Technician

GS-649 Electrocardiograph Technician

GS-649 Electroencephalograph Technician

GS-649 Heart-Lung Machine Technician

GS-649 Hemodialysis Technician

GS-649 Hyperbaric Chamber Technician

GS-649 Medical Machine Aid

GS-649 Medical Machine Technician

GS-649 Pulmonary Function Technician

GS-651 Respiratory Therapist

GS-660 Pharmacist

GS-661 Pharmacy Technician

GS-681 Dental Assistant

GS-682 Dental Hygienist

\[GS-1811 Crimnal Investigators\]

GS-802 Biomedical Engineering Technician

GS-858 Clinical/Biomedical Engineer

GS-1306 Health Physicist

GS-1320 Chemist

**Section 1c. Federal Wage System Occupations**

[Series]{.underline} [Title(s)]{.underline}

WG-4805 Medical Equipment Repairer

WG-5703 Motor Vehicle Operator

WG-5823 Automotive Mechanic

**Section 1d. Key Management Positions**

a\. All Senior Executive Service (SES) Employees

b\. The following positions are covered only if the incumbent is
required to have a top secret or secret security clearance and/or has
direct patient care responsibilities (e.g., Chiefs, Nursing Service are
included because Registered Nurses are covered (see Section 1.a. of this
Appendix)):

Non-SES Directors

Associate Directors and Assistant Directors of all VA field facilities

VHA Service Chiefs

VBA Division Chiefs

Regional Counsels

GS-15 positions in VA Central Office

\[**Section 1e. Employees That Carry Firearms**

Employees who carry firearms on a daily or regular basis are subject to
drug testing. An employee is not subject to drug testing if he or she is
authorized to carry a firearm, but does not carry one on a daily or
regular basis.\]

**Section 2. Presidential Appointees**

Presidential Appointees in VA are as follows ([Note]{.underline}: in
accordance with Executive Order 12564, these are drug testing designated
positions):

Secretary

Deputy Secretary

Inspector General

General Counsel

Under Secretary for Health

Under Secretary for Benefits

Under Secretary for Memorial Affairs

Chairman, Board of Veterans\' Appeals

Assistant Secretary for Management

Assistant Secretary for Policy and Planning

Assistant Secretary for Human Resources and Administration

Assistant Secretary for Public and Intergovernmental Affairs

Assistant Secretary for Congressional Affairs

**Section 3. Personnel having access to national security material that
is reasonable to assume may damage national interests if compromised.**

a\. The following are positions that will be subject to employee drug
testing because of the position designation as sensitive based on
national security information. Sensitive position as enumerated herein
refers to:

\(1\) An employee who has been granted access to national security
classified information or may be granted access to national security
classified information pursuant to a determination of trustworthiness by
an agency head under Section 3.1 of Executive Order 12968; and,

\(2\) Other positions that the agency head determines involve national
security.

\(b\) Positions identified in this section are categorized according to
the job Title, Series, and Level. Levels refer to the following:

\(1\) **Special Sensitive\--**Name, job title or series cannot be
provided for these positions due to national security requirements.

\(2\) **Critical Sensitive---**Positions may be designated as Critical
Sensitive based on access to national security information, ADP security
responsibilities, fiduciary responsibilities or access to other
sensitive information. Regardless of position title or series, ***[only
those positions which are designated as Critical Sensitive due to access
to national security information are testing designated
positions]{.underline}.*** The following list provides a sample of some
positions which may be included under this section. This list is not
all-inclusive.

> **[Series]{.underline}** **[Titles]{.underline}**

GS-1811 Criminal Investigator

GS-086 Security Assistant

GS-080 Security Specialist/Officer

> GS-301 Confidential Assistant, Staff Assistant, Executive Assistant,
> Protection Officer, Emergency Preparedness Planning Specialist

GS-343 Management Analyst

GS-345 Program Analyst

GS-393 Communications Specialist

> GS-511 Auditor

[]{#PtIAppB .anchor}**APPENDIX B. SAMPLE 30-DAY SPECIFIC NOTICE**

TO: Name of Employee

1\. On September 15, 1986, President Reagan signed Executive Order
12564, Drug-Free Federal Workplace, establishing a policy against the
use of illegal drugs by Federal employees, whether on or off duty. In
accordance with the Executive Order, VA has established a Drug-Free
workplace Program to include random testing for the use of illegal drugs
by employees in sensitive positions.

2\. This is to notify you that your position is sensitive as defined in
Section 7(d) of the Executive order and has been designated as a testing
designated position; and therefore, you will be subject to random drug
testing. The testing procedures, including the collection of a urine
specimen, will be conducted in accordance with Department of Health and
Human Services (HHS) Guidelines for Drug Testing Programs. Random
testing will begin no sooner than 30 days from the date you receive this
notice.

3\. You can be assured that the quality of testing procedures is tightly
controlled, that the test used to confirm use of illegal drugs is highly
reliable and that the test results will be handled with maximum respect
for individual confidentiality, consistent with safety and security.

4\. [As an employee subject to random drug testing you should be aware
of the following:]{.underline}

a\. Counseling and rehabilitation assistance will continue to be
available to all employees through existing Employee Assistance Programs
(EAP) at VA facilities ([include name and telephone number of local EAP
counselor or some other point of contact]{.underline}.);

b\. You will be given the opportunity to submit supplemental medical
documentation of lawful use of an otherwise illegal drug to a Medical
Review Officer;

c\. VA will initiate action to discipline any employee who is found to
use illegal drugs on the basis of a verified positive drug test except
that VA will not initiate any disciplinary action against an employee
who voluntarily identifies himself or herself as a user of illegal drugs
prior to being notified of a scheduled drug test, obtains counseling or
rehabilitation, and thereafter refrains from using illegal drugs;

d\. Removal action will be initiated against an employee who is found to
use illegal drugs and who refuses to obtain counseling or rehabilitation
through an Employee Assistance Program;

e\. You have the opportunity to voluntarily identify yourself as a user
of illegal drugs willing to receive counseling or rehabilitation, in
accordance with paragraph 4c of this notice, in which case disciplinary
action will not be taken;

f\. An employee found to use illegal drugs will be referred to VA
Employee Assistance Programs. Such referral, however, does not preclude
institution of disciplinary proceedings;

g\. VA will initiate action to remove from service any employee who is
found to use illegal drugs a second time;

h\. An employee found to use illegal drugs will not be allowed to remain
on duty in a sensitive position prior to successful completion of
rehabilitation through an EAP. However, as part of an EAP, the
authorized VA official may, in his/her discretion, allow an employee to
return to duty in a sensitive position if it is determined that this
action would not pose a danger to public health or safety or national
security;

i\. Disciplinary action up to and including removal will be initiated
against any employee who refuses to be tested;

5\. You may contact ([insert name, title and telephone
number]{.underline}) for additional information regarding the VA
Drug-Free Workplace Program.

6\. A copy of the previously issued 60-Day General Notice required by
Executive Order 12564 is attached.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_

Signature of Authorized Official Date

Attachment

[]{#PtIAppC .anchor}**APPENDIX C. SAMPLE ACKNOWLEDGMENT**

Department of Veterans Affairs (or facility name)

[Acknowledgment of Notice of Employee Whose Position is Designated
Sensitive for Drug Testing Purposes]{.underline}

I acknowledge receiving and reading the notice which states that my
position has been designated for random drug testing, and that refusal
to submit to testing will result in initiation of disciplinary action,
up to and including removal.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_

Signature of Employee Date

Type Name of Employee

**This acknowledgment may be typed on the notice or retained
separately.**

[]{#PtIAppD .anchor}**APPENDIX D. DRUG-FREE WORKPLACE PROGRAM**

**GENERAL NOTICE TO ALL EMPLOYEES**

1\. All employees are hereby notified that a program designed to
implement Executive Order 12564, Drug-Free Federal Workplace, dated
September 15, 1986, has been established in the Department of Veterans
Affairs (VA). Testing for illegal drugs will be part of VA\'s
comprehensive drug prevention program to achieve the President\'s goal
of a drug-free Federal workplace with due consideration for the rights
of the employee and the government. VA\'s employee testing program,
which will include both mandatory and voluntary drug testing, will begin
no sooner than 60 days from the date of this posting.

2\. Testing may occur under the following circumstances:

a\. **Random Testing Of Employees In Testing Designated Positions**.
Employees who hold positions identified for random testing will receive
an individual notice no later than 30 days prior to the commencement of
testing, indicating that their positions have been identified as testing
designated positions.

b\. **Reasonable Suspicion Testing.** An employee in a Testing
Designated Position may be directed to undergo drug testing when there
is a reasonable suspicion that the employee uses, or is impaired by,
illegal drugs, whether that use or impairment is on or off duty.
Employees who are not in Testing Designated Positions may be directed to
undergo drug testing when there is a reasonable suspicion that the
employee is using or impaired by illegal drugs while on duty.

c\. **Testing In Connection With An Injury, Illness, Unsafe or
Unhealthful Practice Investigation.** Any employee involved in an
accident or unsafe practice will be directed to take a drug test as part
of an authorized investigation into an accident or unsafe practice, when
the accident or unsafe act meets the following criteria:

\(1\) The accident results in a death or personal injury requiring
immediate hospitalization; or

\(2\) The accident results in damage to government or private property
estimated to be in excess of \$10,000.

d\. **Follow-Up Testing.** All employees who undergo a counseling or
rehabilitation program for illegal drug use through the Employee
Assistance Program will be subject to unannounced testing both during
and after such a program.

e\. **Applicant Testing.** Applicants who are tentatively selected for
VA employment in a Testing Designated Position are subject to drug
testing.

f\. **Voluntary Testing.** Employees may volunteer for unannounced
random testing by notifying their Human Resources Management Officer.

3\. The laboratory testing methodology is a series of scientific and
technical procedures which are highly accurate and reliable. In
addition, a Medical Review Officer will review and interpret positive
test results reported by the testing laboratory. Employees will be
afforded the opportunity to submit medical documentation of lawful use
of an otherwise illegal drug. Positive test results verified by the
Medical Review Officer may only be disclosed to the employee, the
appropriate Employee Assistance Program Coordinator, the appropriate
management officials necessary to process any disciplinary or adverse
action against the employee, or a court of law or administrative
tribunal in an adverse personnel action.

4\. Counseling and rehabilitative assistance is available to all
employees through existing Employee Assistance Programs (EAPs) at VA
facilities. Employees found to be using illegal drugs will be referred
to the EAP for assessment, and for counseling and referral to treatment
or rehabilitation, as appropriate. Employees who wish to seek assistance
voluntarily may do so through existing program arrangements at their
facility or through the employee\'s servicing human resources management
office.

5\. All medical and rehabilitation records in an EAP will be deemed
confidential \"patient\" records and may not be disclosed without the
prior written consent of the patient.

6\. Tests for employees working in drug treatment programs in accordance
with MP-5, part I, chapter 792, or other programs which were authorized
prior to the issuance of Executive Order 12564, dated September 15,
1986, will continue in effect and are not subject to this advance
notice.

7\. The VA Drug-Free Workplace Program should be consulted for specific
information on the program.

\[**VA DRUG-FREE WORKPLACE PROGRAM**

**PART II. Urine Drug Testing: Collection and Transportation of Urine**

**SPECIMENS**

**CONTENTS**

**PARAGRAPH PAGE**

1\.
[PURPOSE](#PtIIPara1)......................................................................................................II-1

2\.
[BACKGROUND](#PtIIPara2)..............................................................................................
II-1

3\. [COLLECTION SITE
PROCEDURES](#PtIIPara3).....................................................................II-1

**APPENDICES**

II-A. [COLLECTION SITE
SUPPLIES](#PtIIAppA).......................................................................
II-A-1

II-B. [SPECIMEN COLLECTION -- TRANSPORTATION TO THE TESTING](#PtIIAppB)

[LABORATORY](#PtIIAppB)...........................................................................................
II-B-1

II-C. [SAMPLE OF COMPLETED CHAIN OF CUSTODY FORM (7
PARTS)](#PtIIAppC)....................... II-C-1

II-D. [SAMPLE MEMORANDUM FROM THE CHIEF, PATHOLOGY AND](#PtIIAppD)

[LABORATORY MEDICINE SERVICE TO THE
MRO](#PtIIAppD)............................................II-D-1

II-E. [SAMPLE OF A VOIDED CHAIN OF CUSTODY
FORM](#PtIIAppE)........................................\...II-E-1

II-F. [VA BLIND PERFORMANCE TEST PROCEDURES -- SUBMISSION](#PtIIAppF)

[INSTRUCTIONS FOR VA URINE COLLECTION SITES](#PtIIAppF)
.......................................II-F-1

II-G. [EXAMPLE OF QUALITY CONTROL SAMPLE
LOG](#PtIIAppG)............................................ II-G-1

II-H. [SAMPLE CHAIN OF CUSTODY FORM FOR A BLIND](#PtIIAppH)

[PERFORMANCE TEST
SAMPLE](#PtIIAppH)..................................................................\...
II-H-1\]

[]{#PtII .anchor}**PART II. Urine Drug Testing: Collection and
Transportation of Urine**

**SPECIMENS**

**1.** []{#PtIIPara1 .anchor}**PURPOSE.** This \[part\] provides uniform
procedures for collection of urine specimens for drug testing,
transportation of specimens to the testing laboratory, and submission of
blind samples for the purpose of quality control.

**2.** []{#PtIIPara2 .anchor}**BACKGROUND.** The Mandatory Guidelines
for Federal Drug Testing, published by the Department of Health and
Human Services (HHS) in the Federal Register on April 11, 1988,
established comprehensive standards for laboratory procedures to be used
by Federal agencies in implementing a drug testing program as required
by Executive Order 12564, Drug-Free Federal Workplace, and Public Law
100-71, Supplemental Appropriations Act of 1987. This \[part\] is to be
used with VA Directive 5383, VA Drug-Free Workplace Program.

**3.** []{#PtIIPara3 .anchor}**COLLECTION SITE PROCEDURES**

a\. **Collection Sites**

\(1\) A urine collection site will be identified for each VA facility.
Although the collection location for non-medical facilities may be
located on-site or at another facility, each medical facility will have
a urine collection site. Identification of suitable collection site(s)
at medical facilities will be the responsibility of the Chief of
Pathology and Laboratory Medicine Service. At non-medical facilities,
identification of suitable collection site(s) will be the responsibility
of the facility Drug Program Coordinator, with the advice of the Chief
of Pathology and Laboratory Medicine Service at the nearest VA medical
facility.

\(2\) The collection site(s) to be used will meet the following
requirements:

\(a\) The collection site must be able to be secured by the collection
site personnel before and during collection so that only the materials
and supplies necessary for proper urine collection are at the site. The
collection site will remain secure throughout the collection process.

\(b\) The collection site will provide for individual privacy for the
individual during urination. Therefore, the urination area must be
partitioned-off from the rest of the collection site. The urination area
for the collection site will have only a toilet bowl or a urinal.
Facilities for hand washing will be separate from the partitioned-off
urination area where the toilet bowl or urinal is located.

\(c\) Sufficient space will be available for temporary storage of
materials necessary for a secure collection and for unnecessary outer
garments of the individual.

\(3\) Designated collection site personnel will be in full control of
the collection site as described in paragraph 3.b. of \[Part II to\]
this Handbook.

b\. **Collection Site Personnel**

\(1\) Collection site personnel will be designated by the Director of
each VA medical facility based on the recommendation of the Chief of
Pathology and Laboratory Medicine Service at that facility.

At least one male and one female (and alternates for each) will be
appointed based on their experience

and demonstrated integrity. Certification in laboratory technology is
desirable to ensure familiarity with proper specimen collection
procedures. If sufficient certified laboratory technologists or
technicians are not available, alternates from other disciplines, such
as nursing personnel, may be appointed as long as their qualifications
demonstrate experience in specimen collection. Regardless of who are
appointed as collectors, these individuals must be capable of complying
with strict security measures, following chain of custody procedures and
maintaining confidentiality.

\(2\) Collection personnel will be provided and will become thoroughly
familiar with the procedures of this \[part,\] the Urinalysis Collection
Handbook for Federal Drug Testing Programs, published by the National
Institute on Drug Abuse and VA Directive 5383. Particular attention
should also be paid to the Mandatory Guidelines for Federal Drug Testing
Programs. All field facilities should have copies of these documents.

\(3\) The Chief, Pathology and Laboratory Medicine Service, will serve
as the collection site supervisor, or with the approval of the facility
Director, designate one of the collection site personnel to act in that
capacity.

\(4\) Designated collection site personnel, with the guidance of the
Chief of Pathology and Laboratory Medicine Service, will be in control
of the collection site, collection kits, chain of custody forms and
other required supplies throughout the collection process. Collection
supplies should be maintained within the Pathology and Laboratory
Medicine Service and protected from tampering. Proper chain of custody
and security measures will be followed to fully protect the urine
specimen. The collection site personnel will be responsible for shipment
of the specimen(s) to a pre-designated certified testing laboratory.

c\. **Services to Non-Medical Facilities.** Non-medical VA facilities
such as cemeteries, regional offices, data processing centers, OA & MM
field components, etc., will be provided urine collection services by
the nearest VA medical facility. In the event that physical distance
precludes easy access to the nearest VA medical center, the medical
facility Director, or designee, in consultation with the Director, or
designee, of the other facility, will determine whether the
individual(s) to be tested will come to the medical center or send
collection site personnel to the remote facility.

\(1\) If collection is done at the other facility, the Chief, Pathology
and Laboratory Medicine Service, will ensure that the collection site at
the other facility meets the specifications described in paragraph 3.a.
of \[Part II to\] this Handbook. At the Outpatient Clinics in Anchorage
and Honolulu, the Clinic Director will be responsible for designating
collection site personnel.

\(2\) Medical facility Directors, or designees, will contact the
Director(s) of the non-medical facilities to be served to make
arrangements for the provision of collection services.

\(3\) The Director, Pathology and Laboratory Medicine Service, in
consultation with the Office of

Human Resources Management, is delegated the authority to make
determinations regarding situations not covered by paragraph 3.c. of
\[Part II to\] this Handbook or where unique circumstances warrant
modification. Such deviations will be kept to a minimum and must be
authorized in writing.

d\. The designated Drug Program Coordinator or Human Resources
Management Officer will ensure that the designated MRO (Medical Review
Officer) receives a copy of this Handbook and the related material
described in paragraph 2 of \[Part II to\] this Handbook.

[]{#PtIIAppA .anchor}**APPENDIX A. COLLECTION SITE SUPPLIES**

**1. BLUEING MATERIAL.** In order to avoid staining the toilet bowl or
urinal, it is recommended that the blueing material be a chemical made
for use in such fixtures.

> Suggested product: Blue VANISH (Liquid)
>
> Vendor: Drackett Company
>
> 5020 Spring Grove Avenue
>
> Cincinnati, OH 45232
>
> Telephone: (513) 632-1500

**2. COLLECTION KIT**

a\. Bottle A: Pre-sealed 100 milliliter (mL) plastic urine specimen
bottle with affixed Temperature Monitoring Thermometer.

b\. Bottle B: Pre-sealed 100 mL plastic urine specimen bottle.

c\. Gray foam insert to secure urine specimen bottles.

d\. Specimen Bag; 8\" X 8\" leak proof Ziploc bag containing one liquid
absorbing sheet.

e\. Mailing box with kit integrity seal.

f\. Urine Specimen Collection Cup (Wide Mouth Collection Cup - for
females), 105 mL Urine Specimen Collection Cup\--pre-sealed in integrity
pouches.

g\. Federal Drug Administration (FDA) Insert, printed on Blue stock with
Black Ink. Information is included as a requirement of the FDA.

h\. Kit will have a pre-printed mailing label affixed to the box and
addressed to the testing laboratory.

i\. Two serrated red strips to cover bottles.

**3. ORAL THERMOMETER. PREFERABLY DIGITAL WITH DISPOSABLE TIPS.**

**4. CHAIN OF CUSTODY FORMS**

a\. OMB Form No. 9999-0023 (form approved for Government-wide use).

b\. Replenishment available from the VA Service and Distribution Center
(Stock Number F06088).

**5.** **MISCELLANEOUS ITEMS**

a\. Disposable drinking glasses.

b\. Writing implements, e.g., pens, pencils, etc.

c\. Folder to retain laboratory copies of chain of custody forms.

[]{#PtIIAppB .anchor}**APPENDIX B. SPECIMEN COLLECTION -- TRANSPORTATION
TO THE TESTING LABORATORY**

**COLLECTION OF SPECIMENS.** The following set of procedures will be
under the direct control of the collection site personnel.

\[1.\] The collector shall ensure that necessary supplies are available
in sufficient quantity to complete scheduled collections. All
unnecessary material at the site shall be removed and, thereafter, the
collector shall have the site under direct observation.

\[2.\] The urination area shall be partitioned off, if necessary
(existing bathroom stall with door is acceptable).

\[3.\] A bluing material shall be placed in the water of the toilet bowl
or urinal and any accessible toilet tank for the purpose of preventing
dilution of the sample with toilet water.

\[4.\] The individual shall arrive at the collection site on time, as
designated by the Drug Program Coordinator (DPC). If the individual
fails to appear at the pre-designated time, the DPC will be notified by
the collection site supervisor. Specific local instructions should be
provided on who to contact when an individual fails to report. In such
instances, the collector will note on the list of individuals scheduled
for collections supplied by the DPC or Human Resources Management
Officer, next to the name of the person who failed to report, the date
and the notation, \"Failed to appear.\"

\[5.\] The collector must verify the identity of the individual to be
tested. When an individual arrives at the collection site, the collector
shall request the individual to present photo identification. If the
individual does not have proper photo identification, the collector will
contact the DPC or any other appropriate official, in accordance with
locally established policy, who can positively identify the individual.
If the individual\'s identity cannot be established, the collector shall
not proceed with the collection.

\[6.\] The individual shall be asked to remove unnecessary outer
garments (coat, hat, gloves, etc.) and handbags that might conceal items
or substances that could be used to tamper with \[ \] the individual\'s
urine specimen. The collector shall ensure that all personal belongings
such as a purse or briefcase remain with the outer garments. The
individual may retain his or her wallet.

\[7.\] Once positive identification has occurred, the collector opens
the collection kit and removes the contents in the individual\'s
presence (hereafter, referred to as \"donor\"). Then the collector
completes the following information on the chain of custody form
([Note]{.underline}: split specimen procedures will be followed as
described in this \[appendix\] \[ \]. Collection site personnel shall
prepare two specimen bottles for collection (hereafter referred to as
Bottle A and Bottle B):

\[a.\] Enter the facility name, address and station number of the donor.

\[b.\] Enter the name of the MRO (Medical Review Officer) and the
facility address where the MRO is employed.

c\. Enter the donor\'s social security number \[or an alternative to
include e.g., employees last name and the employees last four of his or
her social security number if the employee refuses to provide his or her
Social Security Number\].

d\. Place an \"X\" in the appropriate box (e.g., \"Pre-employment,
Random, etc.\").

e\. Place an \"X\" next to \"THC, Cocaine, PCP, Opiates, and
Amphetamines.\"

8\. The chain of custody forms are sequentially numbered. They
[must]{.underline} be used in numerical order and be strictly accounted
for.

9\. The donor shall be instructed to wash and dry hands prior to
urination. After washing hands, the donor shall remain in the presence
of the collector and shall not have access to any water fountain,
faucet, soap dispenser, cleaning agent or any other materials which
could be used to adulterate the specimen.

10\. The pre-sealed urine specimen Bottle A shall be given to the donor
by the collector. The donor and the collector will inspect the specimen
bottle in the presence of each other. If the collector notices that
tampering or alteration of the sealed bottle has occurred, a new
collection kit will be obtained.

11\. Unless the collector is instructed otherwise, or as specified in
paragraph 22, when there is a reason to believe the donor may alter or
substitute the specimen to be provided, the donor may provide the
specimen in the privacy of a stall or otherwise partitioned area that
allows for individual privacy. The Chief, Pathology and Laboratory
Medicine Service, shall review and concur in advance with any decision
by a collector to obtain a specimen under the direct observation of a
same gender individual based on a reason to believe that the donor may
alter or substitute the specimen provided. The reason for collection
under observation will be noted in Step 5 of the chain of custody form
under the section for remarks. The remarks must be initialed by the
Chief, Pathology and Laboratory Medicine Service, indicating
concurrence.

12\. The seal under the cap of the specimen Bottle A will be removed by
male donors who will be asked to urinate directly into the specimen
bottle. Females will be given the wide mouth container for specimen
collection. A specimen of at least 45 mL (approximately 2/3 of full
specimen container) will be provided by both the male and female donor.
The donor will be [instructed not to flush]{.underline} the toilet.

13\. The collector will remain at the collection site but outside of the
stall (or partition) until the urine specimen is collected by the donor
and the specimen container is handed to the collector. The donor will
hand the specimen container to the collector immediately after voiding.

14\. After the collector has possession of the specimen, the donor will
be instructed to flush the toilet and to participate with the collector
in completing the chain of custody form. Both the individual being
tested and the collector shall keep the specimen in view at all times
prior to its being sealed and labeled.

15\. The collector shall determine that at least 45 mL of urine is
obtained from the donor. If at least45 mL is collected, skip paragraphs
16 and 17, and proceed with paragraph 18 \[ \]

16\. If the volume collected is less than 30 mL, the action taken will
depend on the temperature of the specimen.

\[a.\] If the temperature is within the acceptable range specified in
paragraph 19, the specimen shall be discarded and a second specimen
collected. The donor may be given a reasonable amount of water to drink
(not more than 24 ounces of fluid, within a period of up to 2 hours),
and then again attempt to provide a complete sample using a fresh
collection container. The collector may use the same chain of custody
form for the second specimen. The donor must remain within the area of
the collection site during this time. The collector should note in Step
5 of the chain of custody form that the original specimen was discarded
due to insufficient volume. If on the second attempt, the donor provides
at least 30 mL but less than 45 mL, the donor forfeits the use of the
split specimen procedure. If the donor fails for any reason to provide
at least 30 mL of urine on the second attempt, after drinking at most 24
ounces of fluid, the insufficient specimen shall be discarded, testing
shall be discontinued and the Chief, Human Resources Management Service
or appropriate management official shall be advised.

\[b.\] If the temperature is outside the acceptable range specified in
paragraph 19, another specimen shall be collected under direct
observation of a person of the same gender and both specimens shall be
forwarded to the laboratory for testing. The donor may be given a
reasonable amount of water to drink (not more than 24 ounces of fluid,
within a period of up to 2 hours), to provide the second specimen. The
collector must use a separate chain of custody form for both specimens.
Each specimen shall be inspected in accordance with paragraph 21. The
temperature of both specimens shall be measured in accordance with
paragraph 19. If on the second attempt, the donor provides at least 30
mL but less than 45 mL, the donor forfeits the use of the split specimen
procedure. If the donor fails for any reason to provide at least 30 mL
of urine on the second attempt, after drinking at most 24 ounces of
fluid, the insufficient specimen shall be sent to the laboratory with
the original specimen, and the Chief, Human Resources Management Service
or appropriate management official, shall be advised.

\[17.\] If the volume collected is at least 30 mL but less than 45 mL,
the action taken will depend on the temperature of the split specimen.

(a.) If the temperature is within the acceptable range, all of the urine
should be poured (females) or remain in Bottle A and sent to the
laboratory along with the chain of custody form. The collector should
provide an appropriate comment in Step 5 of the chain of custody form in
the line provided for remarks indicating that the donor did not provide
a sufficient volume for Bottle B. The donor forfeits the use of the
split specimen collection procedure.

(b.) If the temperature is outside the acceptable temperature range,
another specimen shall be collected under direct observation of a person
of the same gender and both specimens shall be forwarded to the
laboratory for testing. The donor may be given a reasonable amount of
water to drink (not more than 24 ounces of fluid, within a period of up
to 2 hours), to provide the second specimen. The collector must use a
separate chain of custody form for both specimens. If the donor fails to
provide 45 mL for the split specimen, the donor forfeits the use of the
split specimen procedure. If the donor fails for any reason to provide
at least 30 mL of urine on the second attempt, after drinking at most 24
ounces of fluid, the insufficient specimen shall be sent to the
laboratory with the original specimen, and the Chief, Human Resources
Management Service or appropriate management official shall be advised.

***[Note]{.underline}: Under no circumstances is the collector permitted
to collect and add or combine urine from two separate voids.***

\[18.\] After the specimen has been provided and submitted to the
collector, the donor shall be allowed to wash hands.

\[19.\] Within 4 minutes after urination, the collector will measure the
temperature of the urine using the thermometer on collection Bottle A.
The temperature is then recorded in Step 2 of the chain of custody form.
In Step 2 of the chain of custody form, place an \"X\" in the
appropriate block to indicate whether the temperature was within the
acceptable range. If it was not, place an \"X\" in the \"NO\" block and
record the actual temperature of the specimen. If the temperature is
outside the range of 32 - 38° C/ 90 - 100° F, that is a reason to
believe that the donor may have altered or substituted the specimen, and
another specimen shall be collected under direct observation of a same
gender collector or same gender individual and both specimens shall be
forwarded separately to the laboratory for testing.

\[20.\] A donor may volunteer to have an oral temperature taken to
provide evidence to counter the reason to believe the donor may have
altered or substituted the specimen caused by the specimen\'s
temperature falling outside the prescribed range. If an oral temperature
is taken, it should be recorded on the chain of custody form under Step
5 \"Remarks.\"

\[21.\] Immediately after the specimen is collected, the collector shall
also inspect the specimen to determine its color and look for any signs
of contaminants. Any unusual findings shall be noted under Step 5
\"Remarks\" of the chain of custody form. If it is apparent on visual
inspection that the donor has adulterated the specimen (e.g., blue dye
or other contaminants in the urine), the collector shall collect another
specimen under direct observation in accordance with subparagraph 21
below.

\[22.\] Whenever there is a reason to believe that a particular
individual has altered or substituted the specimen provided, a second
specimen shall be obtained as soon as possible under the direct
observation of the same gender collector or individual selected by the
Chief, Pathology and Laboratory Medicine Service, and will be recorded
on a separate chain of custody form. Both the original specimen and the
second observed specimen will be forwarded to the laboratory for
testing. All specimens suspected of being adulterated shall be forwarded
to the laboratory for testing.

\[23.\] After determining the specimen temperature, the collector, in
the presence of the donor, shall retain 30 mL in Bottle A (or pour 30 mL
into Bottle A for females) for the primary specimen and pour at least 15
mL into Bottle B for the split specimen.

\[24.\] The collector shall ensure that the specimen bottle caps are
securely screwed on.

\[25.\] [Note]{.underline}: the collection kit contains two red serrated
strips that should be placed over the Bottle tops prior to affixing the
peel off labels from the form. The red strips should seal the bottles
[under]{.underline} the peel off labels from the form. The red strips
provide an added protection for the donor. The collector shall place the
gummed labels from the form securely across the top and down the sides
of specimen Bottle A and Bottle B (directly over the red strips) in view
of the donor. The collector shall date each label and instruct the donor
to initial each label. Refusal to initial the labels shall be noted on
the label by the collector.

\[26.\] The collector shall instruct the donor to complete Copy 4
(\"Medical Review Officer\" copy) Step 4 of the chain of custody form.
The donor shall indicate a daytime and evening phone number, date of
birth and after reading the certification statement that the specimen
identified as having been

collected from the donor is in fact that specimen the donor provided,
print his/her name with middle

initial, sign, and date the form. If the donor refuses to complete/sign
Step 4 of the chain of custody form, the collector shall note this
refusal in Step 5 under \"Remarks.\"

\[27.\] The collector shall complete Step 5 of the chain of custody
form, inserting the field facility name, address, collector\'s phone
number, and indicate \"yes\" for split specimen collection. The
collector (after noting any remarks regarding collection, if necessary)
must print his/her name, sign and record the date and time of
collection.

\[28.\] The collector shall complete Step 6 of the chain of custody
form. The collector will print and sign name and indicate the date the
specimen was received and record any transfers of the specimen.

\[29.\] The collector shall advise the donor of the opportunity to list
any prescription and/or over-the-counter medications he or she may have
recently taken on the back of the donor copy (Copy 5) of the chain of
custody form, but not on any other copy. This information will help the
donor remember what medications he or she may have taken if a positive
result is reported by the laboratory.

\[30.\] Both bottles shall be shipped in a single shipping container,
together with Copies 1, 2, and 3 of the chain of custody form.

**COLLECTION CONTROL**

\[1.\] While any part of the chain of custody procedures is being
performed, it is essential that the urine specimen (Bottles A and B) and
chain of custody documents be under the control of the collector. If the
collector leaves the work station momentarily, the specimen and custody
form shall be taken with the collector or shall be secured in a locker
or locked refrigerator with access limited to collection site personnel
only. After the collector returns to the work station, the custody
process will continue. If the collector is leaving for an extended
period of time, the specimen shall be packaged for mailing before the
collector leaves the site.

\[2.\] To the maximum extent possible, collection site personnel shall
keep the donor\'s specimen bottles within sight both before and after
the specimen has been collected. After the specimen is collected, it
shall be properly sealed and labeled. The approved chain of custody form
is used to identify those individuals who come in contact with the
sealed specimen bottles. The date and purpose shall be documented on
this form, Step 6, each time a specimen is handled or transferred and
every individual in the chain shall be identified. Every effort shall be
made to minimize the number of persons handling specimens.

**TRANSPORTATION TO** \[**AND FROM**\] **THE DESIGNATED DRUG TEST
LABORATORY**

\[1.\] **Packaging.** Only the VA-approved specimen collection kits
which include the collection bottles and shipping boxes will be used
(see Appendix A \[to this part\]). Steps 1 through 6 below will be
completed in the donor\'s presence.

\[a.\] The sealed specimen bottles will be placed in the leak proof
specimen bag provided and placed in the gray foam insert in the bottom
of the shipping box.

\[b.\] Peel the Shipping Container Seal off the side of the chain of
custody form and set aside. [Note]{.underline}: the collection kit
contains a separate Kit Shipping Seal. The Kit Shipping Seal should be
removed from the box and set aside with the Shipping Container Seal.

\[c.\] Then, separate Copy 1, \"ORIGINAL,\" Copy 2, \"2nd ORIGINAL\" and
Copy 3, \"SPLIT SPECIMEN,\" of the chain of custody form. Fold and place
all three copies inside the leak proof specimen bag with the urine
bottles. [Note]{.underline}: if overnight delivery is required, e.g.,
DHL, express mail, etc., complete appropriate mailing label
(self-addressed to the MRO) and place the return label in the box.

\[d.\] Close the top of the box. Affix the Kit Shipping Seal in the
designated area. Then affix the Shipping Container Seal from the form
directly over the Kit Shipping Seal. This provides an added protection
for the donor. [Note]{.underline}: the same person who last signed the
chain of custody form (Step 6) must seal the box.

\[e.\] The box will have a pre-printed mailing label affixed and
addressed to the screening laboratory.

\[f.\] On the Shipping Container Seal now sealing the shipping box
containing the specimen, the collection site supervisor shall initial in
the area designated \"Collector\'s Initials\" and enter the date the
specimen was sealed in the container for shipment.

\[g.\] Once the box has been sealed in the donor\'s presence, give the
donor Copy 5 and release the individual as instructed by the DPC or
Human Resources Management Officer. The donor must remain until the
specimen is sealed in the shipping container.

\[h.\] Copy 4 of the chain of custody form is to be hand carried to the
Medical Review Officer within 2 work days so the MRO may verify that all
results have been received from the designated testing laboratory (see
Appendix D \[to this part\] for a sample memorandum).

\[i.\] Copy 6 is to be retained by the collector in a secured file.

\[j.\] Copy 7 is to be forwarded to the DPC with the original schedule
of donors and kept in a secured file. For pre-employment testing, Copy 7
will be sent to the Human Resources Management Officer.

\[2.\] **Delivery.** The sealed box containing the specimen, Copies 1, 2
and 3 of the chain of custody form and the special mailing label if
overnight delivery is required, will be delivered to the designated drug
testing laboratory by carrying the packaged specimen(s) to the mail
room. Packages being sent via regular mail may be directly deposited
into an official U.S. mail bag. Overnight deliveries must be given to
the mailroom supervisor or designee for special handling. It is not
necessary to use registered mail or return receipt mail when mailing
specimens.

*[Note]{.underline}: The same person who sealed the box must place the
specimen in the official U.S. mail bag or give it to the mailroom
supervisor if overnight mailing is required. Specimens will be mailed
from the collector\'s facility mail room only. If shipment by overnight
courier is desired, remember to complete appropriate mailing label
(self-addressed to the MRO) and place the return label in the box.*

\[3.\] **Expedited Delivery to and from Testing Laboratory.** The
screening laboratory will return the testing results by overnight
delivery, but will do so [only]{.underline} if a self-addressed label is
included with each specimen. Failure to include the appropriate label
will result in return shipment by regular mail.

**RECORDS**

The Pathology and Laboratory Medicine Service that collects the
specimens is only required to maintain Copy 6 of the chain of custody
form. Copy 6 should be stored in a secured file with access only by
collection site personnel, the Chief of Pathology and Laboratory
Medicine Service, MRO (Medical Review Official), Drug Program
Coordinator, and facility Director. [Note]{.underline}: the Chief,
Pathology and Laboratory Medicine Service is responsible for ensuring
that all chain of custody forms are accounted for. Chain of custody
forms have been sequentially numbered and must be used in that order.
If, for any reason a form is voided, it should not be destroyed. Rather,
write \"voided\" across the form (see Appendix E \[to this part\]). The
Pathology and Laboratory Medicine Service should forward Copy 4 of the
\"VOIDED\" chain of custody form to the MRO and retain all other copies
in a secured file to ensure full accountability of all forms.

**REPORTS OF DRUG TEST RESULTS**

All results shall be reviewed by the MRO. The results will be reported
directly to the MRO within an average of 5 working days after receipt of
the urine sample by the designated testing laboratory (unless overnight
delivery has been arranged). The MRO may also receive a preliminary copy
of the results via fax if he or she has completed a form required by the
testing laboratory (Minneapolis) indicating he or she has a secured fax
line. The official results will be sent via overnight mail or regular
mail. The laboratory that collected the specimens will not receive test
results. Reports to the MRO will be in printed form only. Telephone
reports are not permitted. A copy of the original chain of custody form
certified by the laboratory certifying official, will also be sent to
the MRO. No positive results received \[ \] will be reported to VA
administrative officials \[ \] unless verified positive by the MRO.

**INFORMATION REGARDING TEST RESULTS FOR SPLIT SPECIMENS**

\[1.\] If the test of Bottle A is verified positive by the MRO, the MRO
shall report the result to the Chief, Human Resources Management Service
or appropriate management official. The MRO shall then inform the donor
of his or her right, in writing, to have Bottle B (split specimen)
tested at another laboratory certified by the Department of Health and
Human Services (HHS) for the presence of the drug(s) for which a
positive result was obtained in the test of Bottle A. The employee may
choose from a list of three pre-selected HHS-certified laboratories. The
MRO will supply the list to the employee. The MRO must inform the donor
of the requirement to make the request within 72 hours of the MRO
informing the donor of the results. \[During\] that time, the donor may
request \[ \] that Bottle B be tested. Only the donor may make such a
request. The MRO shall honor such a request if it is made within 72
hours of the donor\'s having received notice that he or she tested
positive. If such a request is made, the MRO will contact the VAMC
Minneapolis laboratory, in writing, and request Bottle B, identified by
specimen identification number, be sent to the HHS-certified laboratory
the donor has selected. The result of this test (Bottle B) shall be
transmitted to the MRO without regard to the cutoff levels used to test
Bottle A.

\[2.\] Any action taken as a result of an MRO-verified positive drug
test, e.g., removal from performing safety-sensitive duties, may proceed
whether or not Bottle B is tested.

\[3.\] If the result of the split specimen fails to reconfirm the
verified positive result reported for the primary specimen (Bottle A),
the MRO shall cancel the primary test result, and report the
cancellation and the reasons for it to the Human Resources Management
Service or appropriate management official at the facility
[and]{.underline} the Drug Program Administrator, Office of Human
Resources Management, at VA Central Office \[ \].

[]{#PtIIAppC .anchor}![](media/image1.wmf)

![](media/image2.wmf)

![](media/image3.wmf)

![](media/image4.wmf)

![](media/image5.wmf)

[]{#PtIIAppD .anchor}**APPENDIX D. SAMPLE MEMORANDUM FROM CHIEF,
PATHOLOGY AND LABORATORY MEDICINE SERVICE TO MRO**

VA MEMORANDUM

FROM: Chief, Pathology and Laboratory Medicine Service

SUBJ: Copies of Chain of Custody Forms For Specimens

Submitted for Testing on June 26, 1996

TO: Medical Review Officer

1\. The attached copies of the chain of custody forms are for your use
in verifying receipt of all drug test results from the designated
testing laboratory.

2\. These forms should be maintained in sequential order in a secure
file under your control; no copies will be made. Since all forms must be
accounted for, you may receive copies of forms which have been
\"voided.\" Please retain these forms. Forms have also been provided for
any blind samples submitted on the above date.

3\. The following chain of custody form(s), identified by Specimen
Identification Number(s) is/are attached:

123456 \*

123457 (Voided)

123458 (Blind PT Sample)

M. T. Beaker, M.D.

\*List attachments in sequential order by specimen ID number which
appears at the top of each chain of custody form. If a form has been
voided, after the specimen ID number note \"Voided.\" (A sample VOIDED
chain of custody form is provided in Appendix E to this Handbook.) If
the form was used to transmit a blind performance test sample, note it
as such after the specimen ID number. A copy of this transmittal should
be retained in the laboratory with the laboratory copies of the same
forms.

[Note]{.underline}: this memorandum and the related MRO copies of the
chain of custody forms should be placed in a sealed envelope and hand
carried to the Medical Review Officer within 2 workdays after the
collection.

[]{#PtIIAppE .anchor}![](media/image6.wmf)

[]{#PtIIAppF .anchor}**APPENDIX F. VA BLIND PERFORMANCE TEST PROCEDURES
-- SUBMISSION**

**INSTRUCTIONS FOR VA URINE COLLECTION SITES**

In addition to collecting and transporting urine specimens of donors,
collection site personnel will be responsible for submitting blind PT
(performance test) samples to the designated drug testing laboratory.
This requirement is in accordance with the Mandatory Guidelines for
Federal Workplace Drug Testing Programs published by the Department of
Health and Human Services.

The blind PT samples will be purchased from ElSohly Laboratories, Inc.
The distribution of the

samples may be limited to selected VA sites; therefore, it is important
that collection site personnel who receive a shipment of blind PT
samples adhere to the submission instructions in this appendix.

When submitted to the drug testing laboratory, the blind PT sample
bottles, labels, and packaging

must be identical to actual urine specimens collected from individuals.
The credibility of the VA\'s drug detection program depends on absolute
control and processing accuracy for blind PT samples. Compliance with
the submission instructions is mandatory.

*[Note]{.underline}: ElSohly uses the terminology QC (\"quality
control\") and \"performance test\" when referring to samples obtained
from ElSohly. Since the Mandatory Guidelines for Federal Workplace Drug
Testing Programs have designated the procedures as the blind performance
test procedures, all VA references to the blind performance test samples
and procedures will be consistent with the Mandatory Guidelines. For
clarity reasons, the term \"sample\" will be used in VA submission
instructions when referring to an ElSohly blind performance test sample;
and the term \"specimen\" will be used when referring to donors\' actual
urine specimens.*

**1. LABORATORY COLLECTION SITE INSTRUCTIONS**

a\. **Reviewing the Blind PT Sample Shipment.** The ElSohly shipment of
blind PT samples must be checked immediately upon receipt. An ElSohly
Control Log will be enclosed for each set of samples.
[Note]{.underline}: separate control logs will be enclosed for positive
and negative samples. An example of the ElSohly Control Log is provided
in Appendix G \[to this part\]. Fictitious names and Social Security
numbers will be provided by ElSohly and will appear on their control
log. [Note]{.underline}: disregard the names on the control log. Do not
insert a name on the chain of custody form on Copy 4, Step 4. Insert the
\"ElSohly SSN #\" on Copy 4, Step 4 in the space provided for the
donor\'s printed name. Write \"BLIND PT SAMPLE\" in the space provided
for the donor\'s signature. See sample in Appendix H \[to this part\].

b\. **Split Specimen Samples.** The collector must follow the same
procedures for preparing a split specimen sample as if it were an actual
donor providing the specimen (i.e., use two collection bottles---
Bottles A and B, pour at least 30 mL of urine into Bottle A and at least
15 mL of urine into Bottle B).

\(1\) Collection site personnel will compare the Social Security number
on each ElSohly bottle with each Social Security number on the ElSohly
Control Log. The numbers must match.

\(2\) Refrigerate the PT samples upon arrival and until they are
submitted to the designated

drug testing laboratory. If refrigeration is not possible, the samples
must be stored in a cool place until submitted to the drug testing
laboratory. In those instances, the ElSohly Control Logs shall be
annotated that the samples were not refrigerated.

\(3\) All positive PT samples must be used within the time period
designated on the ElSohly Sample Logs. Positive samples will be so
labeled and must be sent out to the testing laboratory before their
expiration date due to possible deterioration.

c\. **Packaging ElSohly Blind PT Samples.** ElSohly PT samples must not
be packaged until immediately prior to mailing the samples to the
designated testing laboratory. VA specimen collection kits will be used
to package blind performance test samples. When the samples are ready
for packaging, it is important that each ElSohly blind PT sample is in
bottles identical in size, color, and shape as the bottles in the VA
Urine Specimen Collection Kit. This will ensure that the testing
laboratory cannot identify the sample as a blind PT sample.

\(1\) After the ElSohly sample is received, the collector will use a VA
collection kit to prepare the blind sample. The collector will pour at
least 30 mL of urine into Bottle A and at least 15 mL into Bottle B.
After the bottles have been distributed the correct amount of urine, the
following steps will be taken. (Collection site personnel will package
only one sample at a time.)

\(a\) Complete the chain of custody form for the blind PT sample:

[1]{.underline}. Step 1 - Insert the employer name, address, I.D.
number, MRO name and address, donor Social Security number (SSN \#
provided by ElSohly), reason for the test (select \"Pre-employment\")
and tests to be performed (select \"THC, Cocaine, PCP, Opiates and
Amphetamines\").

[2]{.underline}. Step 2 - Select \"yes\" for correct temperature range.

[3]{.underline}. Step 3 - See paragraph [8]{.underline}.

[4]{.underline}. Step 4 - See paragraph [7]{.underline}. Complete donor
information.

[5]{.underline}. Step 5 - Insert collection facility name, address,
phone, print collector\'s name. The collector signs, dates and records
time of test. Do not list any remarks concerning urine. Answer \"yes\"
to split specimen box.

[6]{.underline}. Step 6 -- The collector prints and signs name for
receiving specimen, and ensures any additional persons sign for release
and/or receipt of specimens.

[7]{.underline}. On copy 4, Step 4, insert the ElSohly Social Security
number in the space provided for the donor\'s printed name. Insert
\"BLIND PT SAMPLE\" in the space provided for the donor\'s signature.
(See the sample in Appendix H \[to this part\].)

[8]{.underline}. [Note]{.underline}: the collection kit contains two red
serrated strips that should be placed over the bottle tops prior to
affixing the peel off labels from the form. The red strips should seal
the bottles under the peel off labels. Place the peel off labels from
the side of the chain of custody form (Copy 1) securely across the

top and down the sides of specimen Bottles A and B (over the red
strips). Do not initial labels at this time. The collection site
supervisor will initial labels as described in paragraph
[10]{.underline}.

[9]{.underline}. Enter the Specimen Identification No. from the chain of
custody form under the space provided for ACCESS# on the ElSohly Control
Log \[ \].

[10]{.underline}. The collection site supervisor will verify that the
chain of custody form, the ElSohly Control Log, and \[that\] the bottle
labels have been completed in accordance with these instructions. It is
important to verify the Specimen Identification Number and the
fictitious Social Security number from both the ElSohly bottle and the
ElSohly Control Log. Following the review, the supervisor will initial
in the space marked \"Donor Initials\" and date both bottle labels.
[Note]{.underline}: the date on bottle labels must match with the date
on of custody form in the space provided for the donor\'s certification
signature. Ensure Copies 1, 2, and 3 of the chain of custody form do not
reveal that it is a blind sample.

d\. P**ackaging Samples.** The blind PT samples and chain of custody
forms are now ready to be packaged and sent to the designated drug
testing laboratory. The samples will be packaged in the same manner as
actual donor\'s specimens. Packaging instructions are contained in
Appendix B \[to this part\]

e\. **Submitting Samples to the Testing Laboratory.** The blind PT
samples will be sent to the designated testing laboratory and mixed with
shipments of bottles of regularly collected urine specimens. If urine
specimens are not collected during the time period designated on the
ElSohly Control Log, submit the PT samples on the Friday of that
designated testing week. Submit all PT samples and annotate on the
ElSohly Control Log that no urine specimens were collected for drug
testing during that designated submission time period. Check all
packages to ensure that they are identical to packages containing actual
donors\' urine specimens, if applicable.

\(1\) Note by the ACCESS# on the ElSohly Control Log the date each
sample was shipped from the facility to the designated drug testing
laboratory.

\(2\) After the last blind PT sample in each set is submitted, complete
and return a copy of the ElSohly Control Log(s) to ElSohly using the
mailing label enclosed with the blind PT samples. The collection site
supervisor will sign the completed form. A copy of the completed ElSohly
Control Log will be retained by the collection laboratory.

f\. **Forwarding Forms to Medical Review Officer.** Collection site
personnel will advise the Medical Review Officer when blind PT samples
are submitted to the designated testing laboratory. The facility Chief
of Pathology and Laboratory Medicine Service will provide the Medical
Review Officer with Copy 4 of the chain of custody form for each blind
PT sample, just as would be provided for each specimen sent to the
designated testing laboratory and a copy of the ElSohly Control Log(s)
(see the sample memorandum in Appendix D \[to this part\]). Next to the
Specimen Identification Number on the memorandum, the laboratory will
note \"Blind PT Sample.\" [Note]{.underline}: collection site personnel
will forward an ElSohly mailing label, if available, to the MRO for the
MRO\'s use in submitting test results to ElSohly.

**2. RECORDS**

Copy 7 of the chain of custody form will be forwarded to the Drug
Program Coordinator. Copy 6 of the form will be retained by the
collecting laboratory with the donor copy (Copy 5). Copies of completed
ElSohly Control Log(s) will be kept with the laboratory copies of the
chain of custody forms.

**3. MEDICAL REVIEW OFFICER BLIND PT INSTRUCTIONS**

When the VAMC Minneapolis laboratory provides the test results on any
ElSohly samples, the MRO must forward a copy of the ElSohly Control
Log(s) indicating the results to:

> ElSohly Laboratories, Inc.

5 Industrial Park Drive

Oxford, MS 38644

[]{#PtIIAppG .anchor}**[EXAMPLE OF QUALITY CONTROL SAMPLE
LOG]{.underline}**

**[(*Negative* QC Samples)]{.underline}**

CERTIFICATE OF ANALYSIS

This is to certify that the lot numbers below have been certified

by immunoassay and gas chromatography/mass spectrometry to contain

the concentration of drugs specified.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Mahmoud A. ElSohly, Ph.D., Laboratory Director

QC SPECIMEN CONTROL LOG Client: ELI

BATCH# NAME SSN Number DRUG ng/mL ACCESS# LABORATORY RESULTS

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

N-1114 DOROTHY W. POLK 422-81-4879 NEG 0

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

N-1114 MARTHA N. BURKE 422-85-5604 NEG 0

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

N-1114 EUNICE O. PHARIS 423-90-0263 NEG 0

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

N-1114 WALT G. JOINER 424-68-3007 NEG 0

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Collection Site Supervisor Date

Signature

[NOTIFICATION TO MEDICAL REVIEW OFFICER (MRO):]{.underline}

I certify that the above results were received from the testing
laboratory and are acceptable.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of MRO

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date

AFTER RESULTS ARE CERTIFIED, PLEASE RETURN FORM TO:

ElSohly Laboratories, Incorporated

5 Industrial Park Drive

Oxford, MS 38655

DATE QC SAMPLES EXPIRE: 07/01/96

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Shipment Prepared By Reviewed By

Date Released By Received By Purpose of Change

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

06/01/96 FEDERAL EXPRESS Shipping

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

**[EXAMPLE OF QUALITY CONTROL SAMPLE LOG]{.underline}**

**[(*Positive* QC Samples)]{.underline}**

CERTIFICATE OF ANALYSIS

This is to certify that the lot numbers below have been certified

by immunoassay and gas chromatography/mass spectrometry to contain

the concentration of drugs specified.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Mahmoud A. ElSohly, Ph.D., Laboratory Director

QC SPECIMEN CONTROL LOG Client: ELI

BATCH# NAME SSN Number DRUG ng/ml ACCESS# LABORATORY RESULTS

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

C-1086 AL J. WAITE 448-51-5364 COC 692

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

C-1086 FRANKIE N. PEARCE 456-72-3297 COC 692

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_

Collection Site Supervisor Date

Signature

[NOTIFICATION TO MEDICAL REVIEW OFFICER (MRO):]{.underline}

I certify that the above results were received from the testing
laboratory and are acceptable.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of MRO

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date

AFTER RESULTS ARE CERTIFIED, PLEASE RETURN FORM TO:

ElSohly Laboratories, Incorporated

5 Industrial Park Drive

Oxford, MS 38655

DATE QC SAMPLES EXPIRE: 07/01/96

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Shipment Prepared By Reviewed By

Date Released By Received By Purpose of Change

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

06/01/96 FEDERAL EXPRESS Shipping

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

[]{#PtIIAppH .anchor}![](media/image7.wmf)