Federal Drug-Free Workplace Programs: Model Plan

Model Plan for a Comprehensive Drug-Free Workplace Program

IX. Random Testing

A. Sensitive Positions Designated for Random Testing

The Executive Order requires random testing for employees in sensitive positions, subject to agency criteria. As specified in Section XV of this plan, the [Agency head] has determined that some of these sensitive positions are testing designated positions subject to random testing. The position titles designated for random drug testing are listed in Section XV, along with the criteria and procedures applied in designating such positions for drug testing, including the justification for such criteria and procedures. [Section XV must list those positions designated for random testing and contain "drug impact statements" describing the duties of each Testing Designated Position and the risks of harm arising from illegal drug use by an employee occupying that position.]

B. Determining the Testing Designated Position

Among the factors the [Agency head] has considered in designating a Testing Designated Position, are the extent to which the [Agency]--

[Omit any factors which do not apply]
1. Considers its mission inconsistent with illegal drug use;
2. Is engaged in law enforcement;
3. Must foster public trust by preserving employee reputation for integrity, honesty and responsibility;
4. Has national security responsibilities;
5. Has drug interdiction responsibilities; or
6. Has positions which–
a. Authorize employees to carry firearms;
b. Give employees access to sensitive information;
c. Authorize employees to engage in law enforcement;
d. Require employees, as a condition of employment, to obtain a security clearance; or
e. Require employees to engage in activities affecting public health or safety.

These positions are characterized by critical safety or security responsibilities as related to the mission of the [Agency]. 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. The [agency head] reserves the right to add or delete positions determined to be testing designated positions pursuant to the criteria established in the Executive Order and this plan. Moreover, the [Agency head] has determined, pursuant to 42 U.S.C. 290ee-1(b) (2) (B), that all positions which have been or will be designated as testing designated positions under this plan are "sensitive positions" and are therefore exempted from coverage under 42 U.S.C. 290ee-1(b).

C. Implementing Random Testing

In implementing the program of random testing the Drug Program Coordinator shall–

A. Ensure that the means of random selection remains confidential; and
B. Evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfy the [Agency's] duty to achieve a drug-free work force.

The number of sensitive employees occupying testing designated positions and the frequency with which random tests will be administered are specified in Section XV.

D. Notification of Selection

An individual selected for random testing, and the individual's first-line supervisor, shall be notified the same day the test is scheduled, preferably, within two hours of the scheduled testing. The supervisor shall explain to the employee that the employee is under no suspicion of taking drugs and that the employee's name was selected randomly.

E. Deferral of Testing

An employee selected for random drug testing may obtain a deferral of testing if the employee's first-line and higher-level supervisors concur that a compelling need necessitates a deferral on the grounds that the employee is:

1. In a leave status (sick, annual, administrative, or leave without pay); or
2. In official travel status away from the test site or is about to embark on official travel scheduled prior to testing notification.

An employee whose random drug test is deferred will be subject to an unannounced test within the following 60 days.

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