# Presentation: 026031

**Linda Breeze, Drug Program Coordinator**
**Christina La Fountain, Human Resources Coordinator**
**Carol Shaub, Employee Assistance Program**

**NASA/GSFC Drug Testing Program****Supervisory Training****December 15, 2004**

**Notes:**
Welcome – and introduce Linda, and Tina, and Carol Shaub from from Employee Assistance Program 

We are giving this training to make YOU the employee are aware of the Drug Testing Procedure and it’s requirements. Because we had a case in which the procedures were not followed .  

Some Background
The Drug program was introduced by an Executive Order in 1986 by Regan and congress passed it into pubic law in 1987 which affects the executive order and requires:
Uniformity among agency drug testing plans
Reliable and accurate drug testing
Employee access to drug testing records
Confidentiality of drug testing results and centralized oversight

And the NASA Drug-Free Workplace Program was implemented in 1990 to 
Emphasizes deterrence through education and prevention
Offers a helping hand through employee assistance program
And conducts drug testing on a limited basis.

And slide 2

## Training Agenda

***NASA Policies - ******(201/Christina LaFountain)***
*NASA/GSFC Key Players*
*NPR 3792.1A dated 3-7-00*
***Positions Subject to Testing - ******(110/Christina LaFountain)***
*Testing Designated Positions (TDP)s*
***NASA Authorized Testing and Procedures - ******(201Christina LaFountain)***
***Test Findings – ******(250/Linda Breeze)***
*Mandatory Actions*
*Range of Consequences*
*Failure to appear/refusal*
***Privacy Requirements – ******(250/Linda Breeze)***
*Rights and responsibilities for supervisors and employees*
***EAP – (Carol Shaub) ***

**Notes:**
Shows an overview of today's training. 

## Key Players NASA/GSFC Drug Testing Program

***DPM**** = Drug Program Manager - NASA HQ *
***HR Contact**** = GSFC*
*Christina LaFountain*
*Cathy Dunwoody*
***DPC**** = Drug Program Coordinator - GSFC*
*Linda Breeze *
***MRO**** = Medical Review Officer's*
*Dr. Terrance Bidnick  (Greenbelt)*
*Dr. Barry Spinak (Wallops)*
***EAP**** = Employee Assistance Program (EAP)- GSFC*
*Health Unit*
***EAP Administrator****  - GSFC*
*Armando Lopez*
***EAP Program Coordinator**** – GSFC*
*	**	**Carol Shaub*

**Notes:**
This chart lists the key players AT HQ and GSFC

DPM = Drug Program Manager - NASA HQ 
Cathy Dunwoody
MRO = Medical Review Officer's
Dr. Terrance Bidnick  (Greenbelt)
Dr. Barry Spinak (Wallops)
EAP Administrator  - GSFC
Terry Spagnuolo

## NASA/GSFC Policies

***The guidelines/policies Goddard follows fall under ***
***NPR 3792.1A (3-7-00)***
***	******	******http://nodis3.gsfc.nasa.gov/displayAll.cfm?Internal_ID=N_PR_3792_001A_&page_name=all***

**Notes:**
This lists the guideline that NASA goes by  - and you can use this url to review the NPR

## Authorized Drug Testing by NASA

**Random - **is the most utilized here at GSFC and requires testing of 10% of the Drug Testing Pool  (future plans may include increasing  the size of the pool)
**Reasonable Suspicion - **uses illegal drugs whether on or off duty
**Accident or Unsafe practice - **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 estimated to be in excess 	 of $10,000 to Government or private property.
**Voluntary - **Employees not in TDP's may volunteer for unannounced random testing

**Notes:**
Random – is the most utilized here at GSFC and require testing of 10% of the Drug Testing Pool

Reasonable suspicion – is if you suspect an employee of using illegal drugs, then you need to (observe, document, and notify mgmt)  - This type of testing is if the employee uses illegal drugs whether on or off duty. 

Accident or Unsafe practice - NASA is committed to providing a safe and secure working environment. If an employees 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 estimated to be in excess of $10,000 to Government or private property.

Voluntary - Employees not in TDP's may volunteer for unannounced random testing

And on page 6

## Drugs For Which NASA Employees Are Tested

- Note:  HQ can authorize the testing for 3 additional drugs:
- Phencyclidine -  a drug used as an anesthetic in veterinary medicine and illegally as a hallucinogen.
- Amphetamines - a white crystalline compound, or any of its derivatives, formerly used as a stimulant of the central nervous system to treat conditions such as depression, and as an appetite suppressant. Use of amphetamines can cause dangerous side effects and dependency.
- Opiates - a drug such as morphine or heroin that contains opium or an opium derivative.

- *Metabolites is a substance that is involved in or is a byproduct of metabolism

**Marijuana metabolites*** - the dried flowers and leaves of the Indian hemp plant, smoked or eaten as a drug
- and
- 2.    **Cocaine metabolites*** - an addictive narcotic drug obtained from the leaves of the coca plant, taken illegally as a stimulant. It is now only used medicinally as a surface anesthetic

**Notes:**
This chart show the 2 drugs we test for 

Marijuana metabolites
Cocaine metabolites
However – GSFC can get permission from HQ to test for three additional drugs and they are:

Fencyclidine Amphetamines and Opiates

Tina will be discussing the Testing Designated Positions starting with page 7 -

##   Determining TDPs includes a review of   
specific tasks performed 

level of responsibility

The categories of positions contained in Appendix A of NPR 3792.1A identify the "pool" of positions that will be subject to random drug testing. Consistent with its duty to achieve a drug-free workplace under E.O. 12564, NASA reserves the right to make changes, additions, and deletions to the TDP list.

*specific tasks performed *
*level of responsibility*
*The categories of positions contained in Appendix A of NPR 3792.1A identify the "pool" of positions that will be subject to random drug testing. Consistent with its duty to achieve a drug-free workplace under E.O. 12564, **NASA** reserves the right to make changes, additions, and deletions to the TDP list.*

**NASA/GSFC Identified****Testing Designated Positions****(TDPs)**

**Notes:**
Now that you have heard about what type of testing is completed and what NASA tests for, I will explain your role in the process of identifying who is tested.

Positions are reviewed not individuals – position descriptions determine if the position should be a testing designated position.  Supervisors must consider the task performed and the level of responsibility.

When the Drug testing program began, a listing of positions by series was identified as a guide.  From that listing, additional analysis was completed and an initial set of positions was identified.  When you are reassigned or hired individuals or as jobs change, your supervisor has reviewed the position to determine if it should be designated drug testing.   

## NASA/GSFC IdentifiedTesting Designated Positions(TDPs)

- TDPs Identified and determined by GSFC Supervisor

- HR notifies Supervisor and Employee if in TDP series by letter
- For signature confirmation

- 10 % of TDP Pool shall be subject to random testing.

- Supervisor with HR
- determines if Position
- Should be designated drug testing

**NASA/GSFC Identified****Testing Designated Positions****(TDPs)**

**Notes:**
Supervisor works with their Human Resources Specialist (as well as AO) to determine if position is TDP.  

HR notifies the employee and supervisor.  Employee signs notice and cannot be tested for first 30 days.  If employee refuses to sign, the supervisor should provide a copy to the employee and return the form to HR.  The employee is still in the testing pool, even if they refuse to sign the acknowledgement. The determination can be appealed to the Deputy Center Director.

## Who should be included in drug testing pool?

_***Suitability sensitivity***_***	***
***Type of independence the individual has***
***Control systems in place to intercept/prevent improper action***
_***Classified Information***_
***Frequency and risk associated with classified infor contact***
_***Hands on work w/ explosives, toxic materials or other substances***_
***Principal duty of the position***
***Potential risk or danger***
_***Maintenance on and/or operation of major mechanical/electrical equipment***_
***Hands-on vs. supervisory/administrative***
***Potential risk or danger to the operator, others or property***
_***Protection of life and property/ health and safety***_
***Require real-time major decisions***
***Aircraft maintenance/operation/inspection***
***pilot or crew of aircraft/spacecraft***
***launch/in-flight operations-range safety officers at Wallops***
***R&QA/occupational health/safety tasks/Drug Program Coordinator***

**Notes:**
Form 2 assess each one of the previous factors, but then a further determination is made pertaining to the assessment of:
Suitability sensitivity	
	Type of independence the individual has
	Control systems in place to intercept/prevent improper action
Classified Information
	Frequency and risk associated with classified infor contact
Hands on work w/ explosives, toxic materials or other substances
	Principal duty of the position
	Potential risk or danger
Maintenance on and/or operation of major mechanical/electrical equipment
	Hands-on vs. supervisory/administrative
	Potential risk or danger to the operator, others or property
Protection of life and property/ health and safety
	Require real-time major decisions
	Aircraft maintenance/operation/inspection
	pilot or crew of aircraft/spacecraft
	launch/in-flight operations-range safety officers at Wallops
	R&QA/occupational health/safety tasks/Drug Program Coordinator

## Drug Testing Collection Procedure

**Drug Testing Collection**** Procedure**

- TDP will be asked to void into
-  collection container (TDP will not flush toilet until after CSP has specimen)

- TDP will observe CSP in determining temperature and the separation of specimen into 2 different bottles

- CSP will ask TDP to read and
- sign a certification statement
- as to the collection bottles were
- sealed with tamper-proof seals
- in his/her presence; and
- that the information provided
- on the COC and on the
- labels affixed to the specimen
- bottles is correct

- CSP will instruct TDP to wash and dry his/her hands and remain in their presence

- CSP will require the TDP to
- remove any unnecessary
- outer garments

- TDP can use hand wipes provided

- CSP will have TDP initial each
- Label on collection bottle

- TDP can now wash hands

- Testing Notice
-  given to Supervisor (supervisor delivers notice personally to employee ONLY 30 Minutes before test time)

- TDP Reports to:
-  B3 Room 27 (Greenbelt)
- Health Unit (WFF)

- CSP obtains information from
- TDP to initiate Federal Drug Testing
- Custody and Control (COC) Form

- TDP presents photo ID to
- Collection Site Person (CSP)

- DPC gives employee Collection Procedures form
- (Employee reads and initials)

**Notes:**
This chart show the beginning process for the Collection Procedure

Recently our policies changed and we can now conduct testing for all shifts here at GSFC and WFF 

A letter is hand delivered to the Supervisor (by Code 250) – and the supervisor delivers the notice personally to the individual ONLY 30 minutes  before test time  (fif the employee is on AL,SL or on Travel) that is considered an excused test – otherwise if the individual does not show it is called a refusal to test

TDP reports to B3 Room 27 – and the Health unit at WFF - People in the room include the DPC and the Collection Site Person and the employee 

DPC will give the employee a Collection Procedures Form (attachment 5) to read and initial. (Initials indicate that you understand the Procedure to follow). 

The Collection Site person will then request ID and information, and begin the processes to fill out the Custody and Control form. 
Collection Site person will require TDP to remove an unnecessary garments; 
wash his/her hands (remain in their presence),
 and then void into the collection container     (without flushing the toiled), until after the CSP has the specimen, 

the TDP will observe the CSP determine the temperature and the separation of the specimen into 2 different bottles

next the CSP will have the TDP initial each label on collection bottles  And the TDP can wash his/her hands.

NOW IF YOU NEED TO SAY THAT YOU DON”T AGREE THAT THE PROCCESS WAS ADHERED TO NOW IS THE TIME TO SAY IT

The CSP will ask the TDP to read and sign the Custody Control Form (Attachment 4), on this form the TDP needs to verify his/her initials on the bottles and sign the form 
which again indicates that YOU agree that the process was adhered to
And the DPC will have the TSP sign the Collection Procedure form (Attachment 5)

And AGAIN

NOW IF YOU NEED TO SAY THAT YOU DON”T AGREE THAT THE PROCCESS WAS ADHERED TO NOW IS THE TIME TO SAY IT

## NASA Drug Testing Results

**NASA Drug Testing Results**

- Testing Concluded w/
- letter to TDP

- MRO Determines
- Positive test
- Result Is:

- Testing Concluded

- DPC Confers with Employee

- Negative

- Justified

- Not Justified

- Positive

- MRO Confers
- with Employee

- Test results back to MRO

- Specimen sent to HHS Lab for testing (Gas Chromatography / Mass Spectrometry) GC/MS - Testing conducted

**Notes:**
The specimen is then bagged and shipped to a Health and Human Services certified lab for testing by the CSP.

The results are usually given in 2 days to the Medical Officer (either GSFC or WFF) and if the test was 

negative the TDP will receive a Negative Test letter (Attachment 6).

And now Linda will discuss positive tests

## Findings

***Finding of Illegal Drug Use ***
***Re-Test of Specimen***
***Mandatory Actions***
***Range of Consequences***
***Failure to appear/refusal***
***Mandatory removal from Federal Service***

**Notes:**
Re-test of Specimen
The employee has the option of having the remainder of the split specimen tested by our lab at out expense or tested by an outside HHS approved lab at his own expense.
Mandatory Actions – 
Refer to EAP      Immediate removal from TDP and assigned other duties
Range of Consequences 
Consequences depend on the circumstances of each case and will be consistent with the order and include the full range of disciplinary action however, some action must be initiated.  Disciplinary Actions include:
Reprimanding the employee in writing
Placing the employee in an enforced leave status
Suspension for 14 days or less
Suspension for 15 days or more
Suspension until successful completion of EAP or until NASA determines some other action is more appropriate
Reduce the employee  in pay or grade
- remove the employee from Federal Government 
Failure to appear /refusal
  failure to appear w/o acceptable justification, attempts to alter, substitute or tampering with the collection of the sample is also considered refusal and subject to full range of discipline including removal
Instances mandatory removal from Federal Service is enforced – refusal to obtain counseling/rehab or second finding of drug use
Range of Consequences 
Consequences depend on the circumstances of each case and will be consistent with the order and include the full range of disciplinary action however, some action must be initiated.  Disciplinary Actions include:
Reprimanding the employee in writing
Placing the employee in an enforced leave status
Suspension for 14 days or less
Suspension for 15 days or more
Suspension until successful completion of EAP or until NASA determines some other action is more appropriate
Reduce the employee  in pay or grade
remove the employee from Federal Government 
Failure to appear /refusal
  - failure to appear w/o acceptable justification, attempts to alter, substitute or tampering with the collection of the sample is also considered refusal and subject to full range of discipline including removal
Instances mandatory removal from Federal Service is enforced – refusal to obtain counseling/rehab or second finding of drug use

## Decisions Allowed By NASA Management

**5.2 Range of Consequences**5.2.1.  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 Order, and will include the full range if disciplinary actions,  including removal. NASA 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 chapter 5, paragraph 5.3.
- 5.2.2. Such disciplinary action, consistent with any governing collective-bargaining agreement and the Civil Service Reform Act and other statutes, NASA orders, and regulations, may include any of the following measures, but some disciplinary action must be initiated: 5.2.2.1. Reprimanding the employee in writing. 5.2.2.2. Placing the employee in an enforced leave status. 5.2.2.3. Suspending the employee for 14 days or less. 5.2.2.4. Suspending the employee for 15 days or more. 5.2.2.5. Suspending the employee until the employee successfully completes the EAP or until NASA determines that action other than suspension is more appropriate. 5.2.2.6. Reducing the employee in pay or grade. 5.2.2.7. Removing the employee from Federal service.

**5.1 Management Administrative Actions**
- 5.1.1. NASA shall refer an employee found to use illegal drugs to the EAP.
- 5.1.2. If an employee found to use illegal drugs occupies a TDP, NASA management will immediately take the employee out of that position.
- 5.1.3. At the discretion of the NASA Administrator (or designee) and as part of an EAP, an employee may be permitted to return to duty in a TDP if the employee's return would not endanger public health or safety or national security.

**5.4 Initiation Of Mandatory Removal From Federal Service**
- NASA will initiate action to remove an employee for the following:
- 5.4.1. Refusing to obtain counseling or rehabilitation through an EAP, as required by the Order after having been found to use illegal drugs.
- 5.4.2. Having been found to have used illegal drugs following a first finding of illegal drug use.

**Notes:**
Automatic Removal from Federal Government
-refusal to enter counseling or Employee Assistance Program 
-verified repeat positive test result

These actions are based on past NASA Drug Free Workplace practices.

NASA has 0% tolerance of illegal drug use.

## Privacy and Rehabilitation

***Records - test results can only be disclosed to:***
***MRO***
***EAP Administrator ***
***Any supervisor or management official having authority to take or recommend adverse personnel action regarding the employee***
***Rehabilitation - Employee is also subject to NASA’s drug testing requirement.***
***EAP***

**Notes:**
Records – 
All drug testing data specifically relating to individuals is confidential and records are maintained by the DPC and can only disclosed to officials who have a “need to know”.

At this time introduce EAP Administrator who will address the rehabilitation
Rehabilitation  
Employee is also subject to NASA’s quarterly drug testing requirement.

The EAP’s Role and Rehabilitation
The EAP Coordinator helps to implement the EAP, provides counseling and referral services to  employees referred by sup. or self-referred, develops treatment plans and obtains employee’s consent for disclosure, when required, coordinates with DPC, MRO, and supervisors as appropriate, and monitors progress of referred employees during and after the treatment period. 
Once an employee is formally referred to the EAP, we can provide feedback to the supervisor as to whether or not the employee attended the initial session. During the initial session, the EAP completes a comprehensive evaluation of the employee’s substance use history as well as mental health and other social/family concerns. The EAP  makes a recommendation for a recovery plan, typically consisting of either in-patient or out-patient substance abuse treatment in conjunction with regular attendance at community support groups and scheduled contact with the EAP. The EAP will encourage the employee to sign a release of information to allowing the EAP to speak with the external SA provider and the employer. In the past, the majority of employee’s referred to EAP through DFWP have agreed to sign a ROI.
Following completion of the treatment period, the EAP Coordinator informs the employee’s supervisor in writing (EAP Return to Work Statement). Management then decides whether or not to return the employee to TDP duties or at what point in the future to do so and appropriate follow-up testing. 
In addition to services for employees and family members, the EAP offers consultative and support services for supervisors and managers. Many employees with personal problems (substance abuse or other) benefit from EAP services and can be formally referred to by their supervisor. The EAP encourages supervisors to call for a confidential consultation regarding specific employee concerns.
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