Criteria  |  Medical Documentation
Methods and Equipment  |  Notification  |  Rehabilitation  |  Stays
Transportation  |  Verification  |  Miscellaneous

1. Prohibiting implementation of the drug testing program until all lawsuits filed by the union or by unit employees challenging Executive Order 12564 are resolved. AFGE, Local 1759, 31 FLRA 21, Proposal 2 [NN]
2. Delaying implementation of the drug testing program until all lawsuits filed by the union or unit employees challenging B.O. 12564 are resolved. AFGE, Local 2185, 31 FLRA 45, Proposal 5 [NN]
3. Delaying implementation until impasse procedures completed. IAMAW, Local Lodge 2424, 31 FLRA 205, Proposal 8 [N]
4. Preventing the agency from proposing disciplinary action against an employee until a positive urine test result has been confirmed under the procedure set forth in Health and Human Services Guidelines and the Executive Order. AFGE, Department of Education Council, 38 FLRA 1068, Proposal 6, Section C [N]
5. Requiring the agency to make a reasonable accommodation for an employee who is an illegal drug user. AFSCME, Local 3097, 42 FLRA 412, Proposal 42 [NN]
6. Limiting the agency’s choice of penalties for on-the-job infractions stemming from substance–induced impairment. AFSCME, Local 3097, 42 FLRA 412, Proposal 44 [NN]
7. Preventing the agency from randomly testing an employee for illegal drug use when the employee has previously undergone drug testing because of accident or reasonable suspicion and the analysis of the prior test is incomplete. AFSCME, Local 3097, 42 FLRA 412, Proposal 66 [N]
8. Requiring the agency to stay a disciplinary or adverse action arising from implementation of the agency’s drug testing program until the completion of the negotiated grievance procedure or a statutory appeals procedure, or for 90 days, whichever occurs earlier. NTEU, 43 FLRA 1279, Proposal 3 [N]
9. Precluding the use of drug test results to uphold disciplinary action if there is a deviation from the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Health and Human Services Guidelines), which could give rise to unreliable drug test results. IFPTE, Local 1, 49 FLRA 225, Proposal 1 [NN, (a)(2)(A)]
10. Precluding the agency from taking disciplinary action against an employee who tests positive for illegal drugs until the employee has exhausted all grievance arbitration and appeal procedures. IFPTE, Local 1, 49 FLRA 225, Proposal 8 [N]
11. Prohibiting the agency from taking any action on the basis of an improperly procured drug test result. IFPTE, Local 3, 57 FLRA 699 [NN, LAW]

Transportation

1. Requiring the agency to provide transportation to an off-site laboratory for drug testing. NFFE, Local 2015, 41 FLRA 1158, Proposal 2 (first sentence) [N]
2. Requiring the agency to provide employees with a minimum of 2 hours’ notice before reporting for transportation to the offsite laboratory. NFFE, Local 2015, 41 FLRA 1158, Proposal 2 (third sentence) [NN]
3. Requiring the agency to provide transportation for employees from work to home if drug tests require them to remain beyond their scheduled work hours. NAGE, 42 FLRA 730, Proposal 6 (second sentence) [NN]
4. Requiring the agency to provide transportation to an off–site laboratory for drug testing. AFGE, Local 446, 43 FLRA 836, Proposal 2D (first sentence) [N]

Verification

1. Allowing employees to retain a portion of the test sample. NFFE, Local 15, 30 FLRA 1046, Proposal 8 [N]. Remanded in Rock Island v. Federal Labor Relations Authority, No. 88-1239 (D.C. Cir. 1988). On remand, NFFE, Local 15, 33 FLRA 436, Proposal 8 [NN]
2. Information regarding drug tests to be withheld from management officials having responsibility for disciplinary action until there have been two positive results on each of two samples. NFFE, Local 15, 30 FLRA 1046, Proposal 11 [NN]
3. Second test on the sample if it tests positive and requiring the second sample to be tested twice if the second test also proves positive. NFFE, Local 15, 30 FLRA 1046, Proposals 4, 5, and 6 [NN]
4. Preventing the agency from taking action based on unfinalized drug testing. AFGE, Local 1759, 31 FLRA 21, Proposal 2 [N]
5. Retention of a portion of the urine sample for later testing, if requested by the employee. NFFE, Local 1437, 31 FLRA 101, Proposal 10 [N]. Remanded in Dover Army Armament Research Development and Engineering Center v. Federal Labor Relations Authority, No. 88-1289 (D.C. Cir. 1988). On remand, NFFE, Local 1437, 33 FLRA 493, Proposal 10, dismissed as moot.
6. Additional field tests to be administered before an employee is deemed to have a positive field test. NFFE, Local 1437, 31 FLRA 101, Proposals 9 and 11 [NN]
7. When there is a positive test result, a new sample from the same specimen will be retested. IAMAW, Local Lodge 2424, 31 FLRA 205, Proposal 12, Section 12(c)(4) [N]. Remanded in Aberdeen Proving Ground v. Federal Labor Relations Authority, No. 88-1311 (D.C. Cir. 1988). On remand, IAMAW, Lodge 2424, 33 FLRA 512, Proposal 12(c)(4) (first sentence), dismissed as moot.
8. Retention of a portion of a test sample for possible subsequent testing at agency expense. NFFE, Local 178, 31 FLRA 226, Proposal 6 [N]. Remanded in Aberdeen Proving Ground v. Federal Labor Relations Authority, No. 88-1309 (D.C. Cir. 1988). On remand, NFFE, Local 178, 33 FLRA 521, Proposal 6, dismissed as moot.
9. Three tests, spaced 24 hours apart, must be positive before the employee is deemed to have a positive field test. NFFE, Local 178, 31 FLRA 226, Proposal 5, Section 9 [NN]
10. Retention of portion of test sample for possible subsequent testing at agency expense. NFFE, Local 2058, 31 FLRA 241, Proposal 6 [N]
11. Employee must test positive on 3 tests spaced 24 hours apart before field test considered positive. NFFE, Local 2058, 31 FLRA 241, Proposal 5 [NN]
12. Confirmation of the retained portion of the initial sample must match the confirmatory test of the initial sample before the agency may propose any adverse action. NFFE, Local 2058, 31 FLRA 241, Proposal 10 [NN]. Reversed in Aberdeen Proving Ground v. Federal Labor Relations Authority, 890 F.2d 467 (D.C. Cir. 1989). On remand, NFFE, Local 2058, 35 FLRA 926, Proposal 10 [NN]
13. Proper chain of custody to be insured, and sample to be divided and part retained for employee. NFFE, Local 2058, 31 FLRA 241, Proposal 6 [N]
14. Employees subject to drug testing who test positive on the initial sample will have the option of having the second sample tested. International Organization of Masters, Mates and Pilots, 32 FLRA 269, Proposal 1 (second sentence) [NN]
15. Second or confirmatory sample to be tested at a mutually agreeable laboratory. International Organization of Masters, Mates and Pilots, 32 FLRA 269, Proposal 1 (third sentence) [NN]
16. Permitting an employee to retain a portion of the urine sample for freezing and later use in case of a break in the chain of custody or a loss of identification of the sample. NFFE, Local 15, 33 FLRA 436, Proposal 8 [N]. Reversed in Rock Island v. Federal Labor Relations Authority, 890 F. 2d 467 (D.C. Cir. 1989).
17. Employee to retain a portion of the sample with instructions for storage and for a confirmatory testing of the retained sample in the event of a confirmed positive result. NFFE, Local 2058, 33 FLRA 702, Proposal 10 (disputed portion) [N]. Reversed in Aberdeen Proving Ground v. Federal Labor Relations Authority, 890 F. 2d 467 (D.C. Cir. 1989)
18. Providing that urine samples that are not tested on the day that they are collected will be frozen. IFPTE, Local 128, 39 FLRA 1500, Proposal 10 [NN]
19. If an employee being tested is not able to provide a sufficient volume of urine, the employee may return the next day to complete the specimen. NTEU, 41 FLRA 1106, Proposal 9 [NN]
20. Allowing a union representative to be present during the collection of a urine sample and to observe all actions of the collection site monitor. NFFE, Local 2015, 41 FLRA 1158, Proposal 3 [N]
21. Tested employee will be provided with a specimen container in which to retain any portion of the specimen exceeding 60 milliliters. NTEU, 41 FLRA 1241, Provision 17 [N]. Remanded in Energy v. Federal Labor Relations Authority, No. 91-1514 (D.C. Cir. 1994).
22. Requiring the agency to permit employees to return the next day if they are unable to provide a urine specimen of sufficient volume. AFGE, Local 3457, 42 FLRA 567, Proposal 5 [NN]
23. The agency will be able to provide certain reasons to support a belief that an employee may alter or substitute a sample before assigning an observer to oversee the provision of that sample. AFSCME, Local 3097, 42 FLRA 412, Provision 50 [N]
24. Preventing direct observation of an employee’s provision of a urine sample solely on the basis that the employee is undergoing reasonable suspicion testing. AFSCME, Local 3095, 42 FLRA 412, Provisions 51 and 52 [N]
25. The agency may grant an employee permission to leave a collection site before providing an adequate specimen if the employee has a compelling personal need to do so. AFSCME, Local 3095, 42 FLRA 412, Provision 62A [N]
26. Requiring the agency to assign only official observers to observe the collection process. NAGE, Local R1–144, 42 FLRA 730, Proposal 9 [N]
27. An employee may wash all containers and lids used in the collection process of the employee’s urine sample. NAGE, Local R1–144, 42 FLRA 730, Proposal 7 [NN]
28. If an employee being tested is not able to provide a sample during the shift, the employee will not be required to remain after the shift to provide a sample. NAGE, Local R1–144, 42 FLRA 730, Proposal 5 (first sentence) [NN]
29. Urine samples not tested on the day that they are collected will be frozen and that if, after thawing, the samples show signs of precipitated salts, the specimens will be discarded and new samples obtained. IFPTE, Local 89, 48 FLRA 516, Proposal IV.E.2 [NN, GWR]
30. If an employee is unable to produce a sufficient volume of urine for drug testing within a reasonable amount of time, then the employee will be allowed to return the next day until the necessary amount of urine is produced. IFPTE, Local 89, 48 FLRA 516, Proposal IV.E.4 [NN, GWR]
31. Requiring the agency to store urine specimens in a locked, secure facility at a temperature no higher than -20 degrees centigrade. IFPTE, Local 1, 49 FLRA 225, Proposal 7.9 [N]
32. During the “Accreditation Period” each analyst in the drug screening laboratory analyzes and interprets data from the samples received on his or her shift. IFPTE, Local 1, 49 FLRA 225, Proposal 7.3 26 [NN, (a)(2)(B)]
33. Requiring the agency to submit blind samples and certification sheets for each sample to the drug testing laboratory in accordance with the Health and Human Services Guidelines, to provide the union with a copy of both the certification sheets for each blind sample and the laboratory’s analysis, and to label the blind samples in the same manner as the agency’s samples. IFPTE, Local 1, 49 F LRA 225, Proposal 7.4 [N]
34. Permitting the union to submit blind samples to the drug testing laboratory through the agency. IFPTE, Local 1, 49 FLRA 225, Proposal 7.6 [NN, GRW]

Miscellaneous

1. Requiring the agency to indemnify the union in any litigation involving the union that arises from the agency’s drug testing program. NFFE, Locals 642, 1911, 1966, and 2024, 35 FLRA 1034 [NN]
2. Requiring the agency to provide up to 4 hours of administrative leave for an employee to take a drug test. IFPTE, Local 128, 39 FLRA 1500, Proposal 8 [N]
3. Employees participating in the Employee Assistance Program shall be granted administrative leave for the time spent in counseling or treatment. NTEU, 41 FLRA 1106, Provision 6 [N]
4. Authorizing up to 4 hours of official time for an employee to arrange for a private test after undergoing the agency’s drug test. NFFE, Local 2015, 41 FLRA 1158, Proposal 7 [NN]
5. Prohibiting the agency from canceling employees’ scheduled leave or their travel on agency business if employees are directed to report for a random drug test. AFSCME, Local 3097, 42 FLRA 412, Proposal 29 [NN, insofar as it concerns travel]
6. Requiring the agency to provide certain employees with payment for mental duress associated with challenging drug test. AFSCME, Local 3097, 42 FLRA 412, Proposal 39 (second sentence) [NN]
7. Require the agency to delete statements in its drug testing plan stating that random drug testing is mandated by E.O. 12564. AFSCME, Local 3097, 42 FLRA 412, Proposal 61 [N]
8. Employees undergoing non–random drug testing shall not be denied their normal lunch routine. NAGE, Local R1–144, 42 FLRA 730, Proposal 6 (third sentence) [N]
9. Employees being tested shall not be denied their normal lunch routine. NAGE, Local R1–144, 42 FLRA 730, Proposal 5 (second sentence) [N]
10. Allowing employees being tested a choice of overtime or compensatory time if they are kept beyond scheduled work hours. NAGE, Local R1–144, 42 FLRA 730, Proposal 6 (first sentence) [N]
11. Requiring contract employee to be subjected to drug testing procedures similar to those used by the agency. NAGE, Local R1–144, 42 FLRA 730, Proposal 4 [NN]
12. Allowing employees to grieve the designation of their positions as sensitive for drug testing purposes. AFGE, Local 446, 43 FLRA 836, Proposal 2C (in part) [N]
13. Precluding the testing of an employee until the challenge to the designation is resolved. AFGE, Local 446, 43 FLRA 836, Proposal 2C (in part) [NN]
14. Requiring the agency to provide statistical data relating to the agency’s drug testing program. AFGE, Local 446, 43 FLRA 836, Proposal 12A [NN]
15. The personnel files of employees who successfully explain to the Office Director or Regional Administrator why a drug test is not required will be purged of any reference to the test. NTEU, 43 FLRA 1279, Proposal 4 (second sentence) [N]