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

1. Tests and equipment used will be the most reliable available. NFFE, Local 15, 30 FLRA 1046, Proposal 2 [NN]
2. Drug tests must be performed by certified and qualified personnel. NFFE, Local 15, 30 FLRA 1046, Proposal 3 [N]. Reversed in Rock Island v. Federal Labor Relations Authority, 890 F.2d 467 (D.C. Cir. 1989). On remand, NFFE, Local 15, 35 FLFR 936, Proposal 3 [NN]
3. Prohibiting the use of drug–detection dogs to search for drugs or contraband in agency buildings and grounds. Office of Professional Employees, Local 15, 31 FLRA 9 [NN]
4. Precluding the agency from requiring an oral or written statement of an employee’s consent to the civilian drug testing program. AFGE, Local 2185, 31 FLRA 45, Proposals 4 and 6 [NN]
5. Preventing the direct observation of employees providing urine samples. NAGE, Local R14–5, 31 FLRA 62, Proposal 1 [NN]
6. Agency, when ordering an employee to undergo a drug test, to inform the employees of the exact drug or class of drugs for which they are being tested. AFGE, Local 1661, 31 FLRA 95, Proposal 43(1) [N]
7. Allowing up to 4 hours of administrative leave to permit the employee to have a specimen collected for processing. AFGE, Local 1661, 31 FLRA 95, Proposal 43(2) [N]
8. Collection of urine samples will normally take place at the work location but the employee may be asked to report to another location for security reasons. NTEU, 31 FLRA 118, Proposal 1 [N]
9. Allowing an employee who can not provide a sufficient urine sample to return the following day to complete the sample. NTEU, 31 FLRA 118, Proposal 2 [N]
10. Agency to use non–Government labs that can guarantee the accuracy of the tests and chain of custody and non–Government personnel and facilities to perform drug tests. IAMAW, Lodge 2424, 31 FLRA 205, Proposal 2 [NN]
11. Specimens will be refrigerated if not tested on the day collected and that, if refrigerated, certain procedures will be followed to determine presence of precipitated salts, and that if such salts are present, a new specimen will be taken. IAMAW, Lodge 2424, 31 FLRA 205, Proposal 12(a) [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(a), dismissed as moot.
12. Management to refer to the manufacturer’s manual for information on setting up tests. IAMAW, Lodge 2424, 31 FLRA 205, Proposal 12(b) [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(b), dismissed as moot.
13. Agency to follow manufacturer’s instructions for using and maintaining drug testing materials and equipment. IAMAW, Lodge 2424, 31 FLRA 205, Proposal 12(c)(1) (first sentence) [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)(1) (first sentence), dismissed as moot.
14. Operators of drug testing equipment to use standard practices to protect themselves from infection, and drug test samples and contamination waste to be disposed of in keeping with agency regulations. IAMAW, Lodge 2424, 31 FLRA 205, Proposal 12(d) [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(d), dismissed as moot.
15. Employees operating drug testing equipment will be trained by qualified instructors. IAMAW, Lodge 2424, 31 FLRA 205, Proposal 12(c)(1) (second sentence) [NN]
16. Providing for the frequency and manner in which spectrophotometer shall be calibrated or adjusted. IAMAW, Lodge 2424, 31 FLRA 205, Proposal 12(c)(2), (3), and (4) [N]
17. Specifying that urine specimen will be individually tested, and when and in what manner certain of the testing equipment will be cleaned in order to reduce the chances of cross contamination. IAMAW, Lodge 2424, 31 FLRA 205, Proposal 12(c)(5) [N]
18. Requiring that a qualified professional teach the drug testing classes. AFGE, Local 3407, 39 FLRA 557, Proposal 2 (third sentence) [NN]
19. Limiting the operation of drug testing equipment to employees who have been trained and certified by qualified instructors before testing is started. IFPTE, Local 128, 39 FLRA 1500, Proposal 4 [NN]
20. Permitting observation of an employee providing a urine specimen only when there is reason to believe that the employee may alter or substitute the specimen. There must be facts and circumstances suggesting that the employee either possesses equipment or implements capable of tampering with or altering the specimen or has tempered with specimens in the past. NFFE, Council of GSA Locals, 41 FLRA 728, Proposal 1 [N]
21. Requiring that personnel involved in the collection and testing process be qualified to perform their assigned tasks. NTEU, 41 FLRA 1106, Provision 4 [NN]
22. Allowing an employee who is unable to provide a sufficient volume of urine on the appointed test day to return the next day to void the necessary amount. NTEU, 41 FLRA 1106, Provision 9 [NN]
23. Requiring the agency to use some form of disposable thermometer to guard against the possibility of tainted urine samples. NFFE, Local 2015, 41 FLRA 1158, Proposal 4 [N]
24. Allowing an employee who is unable to provide a sufficient volume of urine on the appointed test day to return the next day to void the necessary amount. NFFE, Local 2015, 41 FLRA 1158, Proposal 5 [NN]
25. Agency will collect specimens in a manner compatible with employee dignity and not subject the tested employee to a degrading experience. AFSCME, Local 3097, 42 FLRA 412, Proposal 30 [N]
26. Preventing the agency from requiring an employee to submit to a search, frisking, or disrobing before a drug test. AFSCME, Local 3097, 42 FLRA 412, Proposal 31 [N]
27. Drug tests will be given to employees in a sanitary, secluded area that affords employees visual and auditory privacy. AFGE, Local 1808, 42 FLRA 542, Proposal 4 [NN]
28. The authorized collection agent will collect all specimens. AFGE, Local 1808, 42 FLRA 542, Proposal 6 [N]
29. Requiring the agency to conduct all drug testing in accordance with the scientific and technical guidelines promulgated by the Department of Health and Human Services and to use methods and equipment that meet the requirements set forth in the guidelines. AFGE, Local 3457, 42 FLRA 567, Proposal 1 [N]
30. Drug tests will be given in a sanitary, secluded area that accords employees visual and auditory privacy. AFGE, Local 3457, 42 FLRA 567, Proposal 3 [N]
31. Requiring the agency to use the gas chromatography/mass spectrometry test to confirm initial positive drug tests. AFGE, Local 3457, 42 FLRA 567, Proposal 4 [N]
32. The authorized collection agent will collect all specimens. AFGE, Local 3457, 42 FLRA 567, Proposal 7 [N]
33. Precluding management from frisking or searching employees as a part of the specimen collection process. NAGE, Local R1–144, 42 FLRA 730, Proposal 8 [N]
34. Requiring the agency to provide training in the drug testing program to union representatives and to unit employees. NAGE, Local R1–144, 42 FLRA 730, Proposals 10 and 11 [N]
35. Providing for the use of a Gas Chromatography/Mass Spectrometry test to verify positive test results. AFGE, Local 446, 43 FLRA 836, Proposal 5, Section C [N]
36. Requiring the authorized collection agent to collect all drug testing specimens. AFGE, Local 446, 43 FLRA 836, Proposal 5, Section F [N]
37. Providing that testing will be conducted in accordance with the Department of Health of Human Services scientific and technical guidelines and that the methods and equipment used will meet the guidelines. AFGE, Local 446, 43 FLRA 836, Proposal 5, Introductory paragraph [N]
38. Allowing employees to provide a urine specimen in a sanitary, secluded area that affords visual and auditory privacy. AFGE, Local 446, 43 FLRA 836, Proposal 5, Section B [N]
39. Allowing an employee who is unable to provide a specimen on the test day to return on the next day. AFGE, Local 446, 43 FLRA 836, Proposal 5, Section D [NN]
40. Certain types of glassware or other apparatus used by the drug screening laboratory must be disposable or thoroughly cleaned before reuse. IFPTE, Local 1, 49 FLRA 225, Proposal 7.1.b [N]

Notification

1. When an employee is required to be tested for drug abuse, the employee will be notified, 2 hours prior to each required test, of certain specified matters concerning the test. AFGE, Local 1808, 37 FLRA 1439, Provision 1 [NN]
2. The employee will be informed, 2 hours prior to each required test, of the location of drug abuse counseling and referral services to which the employee can voluntarily submit prior to testing without reprisal. AFGE, Local 1808, 37 FLRA 1439, Provision 3 [NN]
3. Setting forth specific information that is to be provided to employees by the agency 24 hours prior to each drug test for illegal drugs. AFGE, Local 3457, 37 FLRA 1456, Proposals 1 – 9 [NN]
4. Dictating the specific information to be provided 60 days prior to each drug test by the agency. AFGE, Dept. of Education Locals, 38 FLRA 1068, Proposal 4 [NN]
5. Requiring the agency to inform employees of their right to receive copies of all records and related documentation concerning their drug tests. AFGE, Dept. of Education Locals, 38 FLRA 1068, Proposal 6, Section E [N]
6. Requiring that the agency fulfill its bargaining obligations before undertaking drug interdiction responsibilities. AFGE, Local 3407, 39 FLRA 557, Proposal 3 [N]
7. Delaying the implementation of the agency’s drug testing program until negotiations are completed. IFPTE, Local 128, 39 FLRA 1500, Proposal 1 [N]
8. Prescribing briefings for all employees about the terms of the parties’ negotiated agreement implementing the agency’s drug testing program. NTEU, 39 FLRA 1532, Provision 2, Article 1, Section C [N]
9. Requiring training of union officials concerning the agency’s drug testing and related employee assistance. NTEU, 39 FLRA 1532, Provision 1, Article 1, Section B [N]
10. Requiring that the union be given copies of laboratory proficiency test results and that a union–designated observer be entitled to accompany agency officials whenever those officials inspect a laboratory. NFFE, 40 FLRA 174, Proposal 2 [N]
11. Providing that employees are entitled to union representation during the collection of the urine sample, that the union representative shall observe the actions of the collection site monitor, and that employees be given written notice of their right to union representation. NFFE, 40 FLRA 174, Proposal 5 [N]
12. Requiring the agency to provide the union a copy of the document given to an employee explaining the reasons for requiring the employee to undergo drug testing based on the agency's reasonable suspicion that the employee uses drugs. NTEU, 41 FLRA 1106, Provision 7 [N]
13. Permitting a union representative to attend the testing, provided the testing facility allows attendance. NTEU, 41 FLRA 1106, Provision 3 [N]
14. Unit employees will be provided notice that they are entitled to union representation at all stages of the drug testing procedures. NTEU, 41 FLRA 1106, Provision 8 [N]
15. Requiring the agency to provide briefings for employees on the agency's drug testing program and allow the union an opportunity to speak at the briefings. NFFE, Local 2015, 41 FLRA 1158, Proposal 1 [N]
16. Allowing the union to designate an observer to attend an inspection of a drug testing laboratory. NFFE, Local 2015, 41 FLRA 1158, Proposal 9 [N]
17. Requiring that employees be provided with notice that they are entitled to union representation at every stage of the drug testing procedure. NTEU, 41 FLRA 1241, Provisions 1, 4, 8, 10, and 15 (select portions) [N]. Remanded in Energy v. Federal Labor Relations Authority, No. 91–1514 (D.C. Cir. 1994). During the pendency of the decision on remand before the Federal Labor Relations Authority, the Union withdrew its petition and the case was dismissed.
18. Requiring such notice to accompany a notification from the MRO to an employee of a confirmed positive test. NTEU, 41 FLRA 1241, Provision 18 [N]. Remanded in Energy v. Federal Labor Relations Authority, No. 91–1514 (D.C. Cir. 1994). During the pendency of the decision on remand before the Federal Labor Relations Authority, the Union withdrew its petition and the case was dismissed.
19. Requiring disclosure of the notice and written report to the affected employee. NTEU, 41 FLRA 1241, Provision 5, 9, 11, and 16 (select portions) [N]. Remanded in Energy v. Federal Labor Relations Authority, No. 91–1514 (D.C. Cir. 1994). During the pendency of the decision on remand before the Federal Labor Relations Authority, the Union withdrew its petition and the case was dismissed.
20. Requiring the disclosure of not only the notice of reasonable suspicion testing but also a written report addressing the reasonable suspicion. NTEU, 41 FLRA 1241, Provision 6 (select portion) [NN]. Remanded in Energy v. Federal Labor Relations Authority, No. 91-1514 (D.C. Cir. 1994).
21. Specimen collection will take place the day after a notice of test is provided to an employee. NTEU, 41 FLRA 1241, Provisions 3, 7, 12, 13, and 14 (select portions) [NN]
22. Requiring that a supervisor provide written specific reasons for ordering a drug test at the time an employee is notified that he or she will be tested based on reasonable suspicion or an accident, and requiring that management give an employee a reasonable opportunity to contact a union official prior to undergoing drug testing. AFSCME, Local 3097, 42 FLRA 412, Proposal 5 [N]
23. Preventing the agency from sending a specific notice informing employees that they are in testing designated positions (TDPs) until 60 days after they have received the general notice required by law. AFSCME, Local 3097, 42 FLRA 412, Proposal 9 [N]
24. Requiring the agency to bear any union expenses incurred in litigation concerning the agency’s drug testing program. AFSCME, Local 3097, 42 FLRA 412, Proposal 59 [NN]
25. Employees who are union representatives will not be improperly denied official time to represent employees concerning matters involving the agency's drug testing plan. AFGE, 42 FLRA 599, Proposal 3, Section C [N]
26. Providing for the presence of union representatives when the agency identifies which employees will be randomly drug tested. AFGE, 42 FLRA 599, Proposal 4 [N]
27. Requiring the agency to provide employees with a minimum of 2 hours’ notice before reporting for transportation to the off-site laboratory. AFGE, Local 446, 43 FLRA 836, Proposal 2D (third sentence) [NN]
28. Requiring the agency to provide 30 days’ notice prior to actual testing. AFGE, Local 446, 43 FLRA 836, Proposal 4 (first sentence) [NN]
29. Requiring the agency to provide specific information 24 hours prior to a drug test. AFGE, Local 446, 43 FLRA 836, Proposal 4F, Subsection 1 [NN]
30. Requiring the agency to provide briefings to all employees and allow the union to participate in the briefings. AFGE, Local 446, 43 FLRA 836, Proposal 4, 2nd introductory paragraph [N]
31. Requiring the agency to provide employees with quarterly lists of substances that might cause false positive test results. AFGE, Local 446, 43 FLRA 836, Proposal 4F, Subsection 1 [N]
32. Requiring that the quarterly lists be provided 24 hours in advance of testing. AFGE, Local 446, 43 FLRA 836, Proposal 4F, Subsection 1 [NN]
33. At the time employees are notified that they will be tested based on reasonable suspicion, management will provide them with written reasons for ordering a drug test. NTEU, 43 FLRA 1279, Proposal 4, Section C (first and second sentences) [N]
34. The agency will inform an employee who is to report for reasonable suspicion drug testing that the employee may consult with the union before the test is administered. NTEU, 43 FLRA 1279, Proposal 4, Section C (third sentence) [N]
35. Employees who are notified to report for reasonable suspicion drug testing will be given the opportunity to respond to the Office Director or Regional Administrator before the test is administered. NTEU, 43 FLRA 1279, Proposal 5, Sec. E (first sentence) [N]
36. Requiring the agency to follow all notice and procedural requirements in the parties' agreement, the Agency’s Plan, or the Health and Human Services Guidelines whenever a replacement sample is required because the original specimen is lost, mishandled, or the test results invalidated for reasons outside an employee’s control. NTEU, Chapters 243, 245, 45 FLRA 270, Proposal 3 [N]
37. The agency will issue a notice containing certain information about the drug testing program to employees occupying testing designated positions at least 30 days prior to implementation of the program. IFPTE, Local 89, 48 FLRA 516, Proposal IIIA [N]
38. The agency will establish a procedure in which the Medical Review Officer can contact employees with positive test results. IFPTE, Local 89, 48 FLRA 516, Proposal IIIB1 [N, (b)(2)]
39. Providing an agency regulation which would lengthen the notice period to employees of random drug testing from 15–30 minutes to approximately 1 hour. IFPTE, Local 1, 49 FLRA 225, Proposal 4 [NN, (a)(1)]

Rehabilitation

1. Agency to pay employees’ drug rehabilitation costs. AFGE, Local 1759, 31 FLRA 21, Proposal 3 [NN]
2. Agency to provide employees testing positive access to a drug treatment and rehabilitation program. NTEU, 31 FLRA 118, Proposal 3 (first sentence) [N]
3. Employee to be given a urinalysis after a reasonable period in a treatment or rehabilitation program. NTEU, 31 FLRA 118, Proposal 3 (second sentence) [N]
4. Assignment of employee who participates in rehabilitation program and successfully passes another drug screening test to the position for which the employee had been tentatively selected. NTEU, 31 FLRA 118, Proposal 3 (third sentence) [NN]
5. All records of initial positive test to be destroyed upon successful rehabilitation. NTEU, 31 FLRA 118, Proposal 3 (third sentence) [NN]
6. Employees objecting to urinalysis to be reassigned to a position not requiring drug testing and given 180–day training period. NFFE, Local 178, 31 FLRA 226, Proposal 3 [NN]
7. Employees objecting to urinalysis to be reassigned to a position not requiring drug testing and given 180–day training period. NFFE, Local 178, 31 FLRA 241, Proposal 3 [NN]
8. Suspension of discipline for employees enrolled in a drug rehabilitation program. International Organization of Masters, Mates and Pilots, 32 FLRA 269, Proposal 8 (first and second sentences) [NN]
9. Permitting re-enrollment in a rehabilitation program. International Organization of Masters, Mates and Pilots, 32 FLRA 269, Proposal 8 (last sentence) [N]
10. Barring disciplinary action as long as employee is actively receiving treatment in a drug rehabilitation program. NFFE, Local 2058, 31 FLRA 241, Proposal 4 [NN]
11. Providing that employees who have tested positive for drug abuse will be referred for counseling and rehabilitation. AFGE, Dept. of Education Council, 38 FLRA 1068, Proposal 7, Section A [N]
12. Requiring the agency to inform those employees testing positive of the consequences of their refusal to participate in counseling or rehabilitation. AFGE, Dept. of Education Council, 38 FLRA 1068, Proposal 7, Section A [N]
13. An adverse action taken against an employee must be based on the employee's failure to participate in or to complete a rehabilitation program. AFGE, Local 738, 38 FLRA 1203, Proposal 2 (selected portion) [NN]
14. Providing that former illegal drug users who successfully complete rehabilitation and thereafter test negative for drug use will not be eliminated from competition for sensitive positions within the bargaining unit, if they are otherwise qualified for such positions. AFGE, Local 1923, 39 FLRA 1197, Proposal 1 [N]
15. Requiring the agency to make efforts to continue an employee who voluntarily admits to drug abuse and demonstrates continuing successful participation in a rehabilitation program in a position consistent with the protection of public health and safety and with national security. AFGE, Local 1923, 39 FLRA 1197, Proposal 2 [N]
16. Requiring the agency, instead of firing an employee who is found to use illegal drugs, to offer that employee access to a rehabilitation program. IFPTE, Local 128, 39 FLRA 1500, Proposal 13 [NN]
17. Precluding the agency, for a period of at least 60 days, from giving a urinalysis test to an employee who is in a rehabilitation program. IFPTE, Local 128, 39 FLRA 1500, Proposal 14 [NN]
18. Exempting from discipline an employee who voluntarily admits to the use of illegal drugs, participates in a rehabilitation program, and thereafter refrains from using drugs. AFGE, Local 1692, 40 FLRA 868 [N]
19. Employees who voluntarily refer themselves to the Navy Alcohol, Drug and Substance Abuse Program for counseling may retain all their current privileges. AFGE, Local 1513, 41 FLRA 589, Provision 4 [NN]
20. Insulating from discipline employees who voluntarily admit their drug use, complete counseling or an employee assistance program, and thereafter, refrain from drug use. NTEU, 41 FLRA 1106, Provision 10 [N]
21. Precluding the agency from requiring an employee to undergo reasonable suspicion testing during the first 30 days of a rehabilitation program. NTEU, 41 FLRA 1241, Provision 2 [NN]
22. Barring the agency from removing from Government service an employee who refuses to enter counseling or rehabilitation after a confirmed positive drug test or who twice tests positive for illegal drug use. AFSCME, Local 3097, 42 FLRA 412, Proposal 2 [NN]
23. Precluding the agency from disciplining employees who are found to use illegal drugs provided that they identify themselves as illegal drug users, obtain counseling or rehabilitation, and thereafter do not use illegal drugs. AFSCME, Local 3097, 42 FLRA 412, Proposal 47 [NN]
24. Employees who participate in drug rehabilitation programs would not be required to submit to a total of more than 12 drug tests during a 1–year period. AFSCME, Local 3097, 42 FLRA 412, Proposal 27 [NN]
25. Allowing employees to identify themselves as illegal drug users and seek rehabilitation without being subject to additional drug testing. AFSCME, Local 3097, 42 FLRA 412, Proposal 53 and part of 54 [NN]
26. Concerning the referral of employees or their family members to counseling and rehabilitation services for substance abuse problems, at the agency’s expense. AFGE, Local 446, 43 FLRA 836, Proposals 7A and 7B [NN]
27. Relating to the agency’s development of an employee counseling or drug rehabilitation program. AFGE, Local 446, 43 FLRA 836, Proposal 7C [N]
28. Requiring the agency to return an employee to duty after successful completion of a rehabilitation program. AFGE, Local 446, 43 FLRA 836, Proposal 7D (first sentence) [N]
29. Requiring the agency to return an affected employee to his or her former position. National Park Service, AFGE, Local 446, 43 FLRA 836, Proposal 7D (second sentence) [NN]
30. An employee who voluntarily admits to the use of illegal drugs, is rehabilitated, and remains drug-free shall be exempt from disciplinary action. IFPTE, Local 89, 48 FLRA 516, Proposal VI.H. [NN, (a)(2)(A)]
31. Obligating management to offer employees rehabilitation before initiating adverse actions for continuing misconduct related to alcohol or drug abuse. NFFE, Local 1655, 49 FLRA 874, Provision 11 [NN, Executive Order]
32. The agency would normally not be able to discipline employee for acts which result from the use of illegal drugs or alcohol if the employee voluntarily enters and successfully completes a rehabilitation program. LIUNA, Local 28, 58 FLRA 605 [NN, LAW]