Model Plan for a Comprehensive Drug-Free Workplace Program
III.  Employee Assistance Programs

A. Function

The [Agency] EAP plays an important role in preventing and resolving employee drug use by:  demonstrating the [Agency's] commitment to eliminating illegal drug use; providing employees an opportunity, with appropriate assistance, to discontinue their drug use; providing educational materials 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 verified positive, and monitor the employees' progress through treatment and rehabilitation;

2. Provide needed education and training to all levels of the [Agency] on types and effects of drugs, symptoms of drug use and its impact on performance and conduct, relationship of the EAP to drug testing, and related treatment, rehabilitation, and confidentiality issues;

3. Ensure that confidentiality of test results and related medical treatment and rehabilitation records is maintained in accordance with Section XIV.

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.  The EAP is available not only to [Agency] employees, but, when feasible, to the families of employees with drug problems, and to employees with family members who have drug problems.
In the event the employee is not satisfied with the program of treatment or rehabilitation, such employee may seek review of the EAP Counselor's referral by notifying the EAP Administrator prior to completion of the program. The decision of the EAP Administrator 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 factors in Section VI(D)(5) 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.

C. Leave Allowance

Employees shall be allowed up to one hour (or more as necessitated by travel time) of excused absence for each counseling session, up to a maximum of [state limit here], 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.

D. Records and Confidentiality

All EAP operations shall be confidential in accordance with Section XIV of this plan relating to records and confidentiality.

E. Structure

The [appropriate division of the agency] shall be responsible for oversight and implementation of the [Agency] EAP, and will provide, with the support of the [Agency head], high level direction and promotion of the EAP.

[Describe more fully the structure of the agency's EAP -- in-house, contracted, regional locations, etc.]

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