Will the DOE grant an access authorization when a drug test is submitted with a "negative-dilute" result?
A drug test that is reported by the Medical Review Officer (MRO) as "Negative-Dilute" is first a "Negative" drug test. The laboratory may report the specimen to the MRO as "dilute" in conjunction with either a positive or negative drug test. Upon completing his/her duties, the MRO will report the results to the Department as "Negative or Positive Dilute." Generally, a donor may produce urine that meets the Substance Abuse and Mental Health Services Administration (SAMHSA) program criteria for dilution when the donor has been drinking large amounts of fluid, taking a diuretic, or drinking fluids immediately before providing the specimen. This may be a direct results from ones working conditions, physical training actives or dietary decisions.
Hello,
If the drug test result shows positive for codeine, and the employee has been prescribed codeine in cough syrup, how does the DOE resolve the positive test result? How does the Medical Review Officer contact the employee and how does s/he make his/her determination?
Thank you. 925-423-4883
First is a general overview of the Medical Review Officers’ (MRO) duties and responsibility.
The Medical Review Officers (MRO) has the following responsibilities:
• Determine that the information on the Federal Drug Testing Custody and Control Form (Federal CCF) is correct and complete,
• Interview the donor when required (non-negative lab results),
• Make a determination regarding the drug test results,
• Report the result to the Department, and
• Maintain records and confidentiality of the information
As such the MRO must review all non-negative laboratory test results (i.e., positive, adulterated, substituted, invalid) and all negative and dilute specimens before reporting the final results to the Department. Negative laboratory test results may be reviewed and reported to the Department by the MRO staff under the direct, personal supervision of the MRO. The MRO processes consist of: administrative review of documents to ensure they match, and are correct and complete. The MRO will contact and interview the donor (for all non-negative results) via telephone using the contact information provided by the employee/donor on the chain of custody form used during the collection process. During the interview, the MRO will provide the employee/donor an opportunity to provide information concerning the non-negative lab results (such as: medical and/or prescription documentation, over the counter medications along with any other information the employee/donor has. The MRO will also discuss the option of a retest and handle retest requests (as required). The MRO makes the final determination of the test results using all of the information gathered (Lab results report, interview of employee/donor, the information/documentation provided by the donor/employee and his/her knowledge and expertise of drug interactions). The MRO reports the results to the Department.
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How does the DOE resolve the positive test result?
The final drug test results are the responsibility of the Medical Review Officers (MRO). The MRO receives the results from the Lab; reviews the chain of custody form to ensure it is correct and complete; interviews the employee/donor; reviews any and all information and documentation provide by the employee/donor; makes the final determination on the results. The final result of the drug test is reported to the Department.
How does the Medical Review Officer (MRO) contact the employee?
The MRO uses the information provided by the employee/donor on the Drug Testing Custody and Control (COC) form used during the collection process to contact the employee/donor directly via phone. This information is gathered at step 5 of the collection process. On copy 2 (MRO Copy) of the COC the Collector instructs the donor to read the certification statement in Step 5 and to sign, print name, date, provide phone numbers and date of birth after reading the certification statement. At the conclusion of the collection process the Collector will distributed the appropriate copies of the COC to the appropriate persons. Copy 1 accompanies the specimen to the laboratory, copy 2 is sent to the MRO, copy 3 is for the Collector’s records, Copy 4 is provide to the Employer and Copy 5 is provided to the Employee/Donor for his/her record.
If the drug test result shows positive for codeine, and the employee has been prescribed codeine in cough syrup, How does Medical Review Officers make his/her determination?
From MRO Handbook published by Department of Health and Human Services:
“Codeine - can be naturally occurring; however, it can also be synthesized chemically by 3-O-methylation of morphine. Codeine medications are available by prescription and over-the-counter (Schedule III, Schedule IV, and Schedule V), depending on concentration and preparation. Codeine is commonly used in analgesic, antitussive, and anti-diarrheal agents. It is injected or taken orally. Poppy seeds are a significant dietary source of codeine and/or morphine. In December 1998, Health and Human Services (HHS) revised the Mandatory Guidelines for Federal Workplace Drug Testing Programs to increase the initial testing and confirmatory cutoffs for opiates (i.e., from 300 ng/ml to 2000 ng/ml) and require laboratories to test all morphine positive specimens for heroin metabolite (6-AM). These measures were taken to eliminate most specimens that test positive due to poppy seed ingestion or due to the use of legitimate morphine or codeine medication.”
With the increase of the laboratory initial testing and confirmatory cutoffs levels for opiates HHS is trying to eliminate most over the counter (OTC) drugs of the opiate family. Generally, if the OTC medication is taken in the prescribed manner the laboratory test results would be below the cutoff level and therefore not reported as lab positive results. If and when the laboratory reports a lab positive drug test, the MRO must do his/her duty as the MRO to review, interview, interpret and report the final results to the Department.
However for all Laboratory non-negatives the MRO must conduct an administrative review of documents, interview with the donor (as required) and if required have a physical examination of the employee/donor conducted, handle the retest requests (if needed), interpret and verify the final results. As part of the interview process with the MRO, the employee/donor will be given an opportunity to provide all documentation to the MRO, medical information and/or other information concerning over the counter medications taken during the interview phase of the MRO process. The MRO makes the final determination of the test results using all of the information gathered (Lab results report, interview of employee/donor, the information/documentation provided by the donor/employee and his/her knowledge and expertise of drug interactions).
Are Key Management Personnel, who are required by contract to hold an "L" or "Q" clearance, but rarely (if ever) come on site (DOE facility), required to provide a negative drug test prior to obtaining the DOE clearance?
Key Management Personnel must receive drug tests in order for them to get clearances. Sites should manage these tests just as any others, with regard to distance, availability, etc.
No evidence of a negative drug test means the person cannot be processed for a clearance.
Are currently cleared Contractors whose clearance was granted prior to the 2007 Bodman Memo required to submit to a Drug Test at the time of their reinvestigation?
The Secretary's memo makes it plain that a negative drug test is a prerequisite for a clearance. A person who was granted access prior to the policy going into effect is not exempt. They must be tested. If the employees applying for reinvestagation are not part of the Human Reliability Program (HRP) (100% testing group) they would be subject to the 30% pool for random drug testing. Unless there is reasonable suspicion of illegal drug use, the random tests would be the ony means of providing drug test results during the reinvestigation process.
I am developing a 707 compliant program for a small business contractor that is a non-populated joint venture composed of several parent companies. The majority of staff work at a DOE controlled site. A few staff whom hold clearances do not work at a DOE owned or controlled site. Since these staff are located offsite Part 707 apply to them?
Anyone holding a DOE clearance must be part of a drug testing program. While the scope of 10 CFR 707 does not include offsite contractors amendments to the current DEAR's are in the final stages of completion and will be published shortly.
The Secretary of Energy memo dated September 14, 2007 states " I have determined that all Federal and contractor positions that require a security clearance ("Q" or "L") ... all such positions will be considered to be in a Testing Designated Position..."
In answer to a question on the FAQs page regarding who oversees drug testing, it is stated that the Chief Human Capital Officer oversees drug testing for DOE Federal employees. Since this is an HSS web site, are answers to questions regarding Federal employees reviewed by the office of the Chief Human Capital Officer to ensure the answers are correct? - by Anonymous
Answers involving federal employees are vetted through the Office of Chief Human Capitol.
Will all cleared DOE government employees, including the Energy Secretary himself/herself, be subject to the same random drug testing process as DOE contractor employees? These government employees in the Nuclear Weapons Complex are in a position to do very grave damage to the Nation, indeed much more serious damage than almost any contractor employee. My fear is that if these DOE employees are not subject to the same rigorous testing as contractor employees, the DOE itself will be placing National Security at risk by allowing potentially dangerous individuals to escape scrutiny. For the record, the facility at which I am employed has had a random drug testing program for many years.
I apologize if this question was submitted twice. There seems to be a problem with my connection.
Thanks.
"I have determined that all Federal and contractor positions that require a security clearance ("Q" or "L")and all employees in positions that currently have security clearances have the potential to significantly affect the environment, public health and safety, or national security. Therefore, all such positions will be considered to be in Testing Designated Positions (TDP), which means that they are subject to applicant, random and for cuase drug testing." (Secretary's memo dated Sept. 14, 2007)
Reference para #2 of Secretary Bodman's memo dated 9/14/07. Please clarify the intent of, "...or current Federal or contractor employees before a security clearance is granted."
There are individuals who were hired before applicant testing was required and they are currently in the the clearance process. Does this mean they are required to have a negative test before a clearance will be issued, if so, testing soley to obtain a security clearance is not one of the circumstances identified in DOE Drug-Free Federal Workplace Testing Order so under what authority would the test be ordered and what process would be used?
Please advise.
Thank you.
The Secretary has made the determination that all employees holding a clearance or an employee applying for a clearance will be considered as holding a Testing Designated Positions (TDP) or applying for a TDP and therefore subject to applicant drug testing prior to being placed into that position and random testing after placement into the TDP. All applicants (internal or external) that apply for positions that are designated as a TDP require an applicant drug test prior to appointment to that position. As such those persons applying for positions that require a clearance will require an applicant drug test. Those individuals hired prior to or after the Secretary decision and have not yet received or been granted their clearance will require a drug test as part of clearance process as they are entering into a TDP. Those applying for a clearance will be treated the same as other applicant to a TDP. The process and procedures that have been used in the past for applicant testing will remain the same. For those applicants or employees who fall within this transition period should be notified at the earliest that the position that they applied for and/or hired into is now a TDP and that prior to the granting of the clearance they will require an applicant drug test that will be arraigned for them in the near future and that once they receive their clearance they will be subject to random testing as part of the Departments Drug testing program. Executive Order 12564 provides the Secretary with the authority to establish and set the criteria for testing. In July 2007 the Office of Human Capital issued instructions and language to all Personnel Offices that is to be used for all vacancy announcements for TDP. This would include those positions that require or will require a clearance as part of the position description.
What are the consequences or actions for a company/contractor that is not in compliance with 10 CFR 707? - by Anonymous
If a company/contractor is not in compliance with the requirements of 10 CFR 707, Section 707.17 (Permissible actions in the event of contractor noncompliance) of the rule would apply. This section states the following:
Action available to DOE in the event of contactor noncompliance with the provisions of this part or otherwise performing in a manner inconsistent with its approved program include, but are not limited to, suspension or debarment, contract termination, or reduction in fee in accordance with the contract terms.
Under the new program that is being implemented will security be in the same program as everyone else that holds a clearance or in a seperate program? And if security is to be in a seperate program, why?
Mr. Kunsman,
The program applies to all applicants for and holders of DOE Q and L access authorization (security clearances). Security is not in a separate program. I hope this answers your question.
Why has DOE enhanced its drug testing policies?
The Secretary of Energy issued a memorandum on September 14, 2007, reaffirming his commitment for a drug free workplace to ensure the safety and security of our workers, our sites, and the surrounding communities by directing drug testing for all DOE employees and contractors who require security clearances.
What rules govern drug testing at DOE?
DOE Order 3792.3, Workplace Substance Abuse Programs at DOE Sites, requires DOE Federal employees to participate in the Federal effort to achieve a workplace free of illegal drug use through a program designed to offer users of illegal drugs a helping hand and, at the same time, demonstrate that illegal drugs will not be tolerated in the Federal workplace. In addition, the sale, use or possession of illegal drugs, whether on or off duty, is not consistent with Federal employment and may be grounds for disciplinary action, up to and including removal.Drug testing for contactor employees is governed by title 10, Code of Federal Regulations, Part 707, Workplace Substance Abuse Programs at DOE Sites.
What happens if an employee tests positive for illegal drugs?
All applicants for testing-designated positions (including current Federal employees and contractor employees applying for a security clearance) who have been determined to have used illegal drugs within the twelve months preceding their completion of a Questionnaire for National Security Positions (SF-86) will be disqualified from further consideration for a security clearance until such time as they can demonstrate non-use of illegal drugs for twelve consecutive months. Every effort shall be made to assist individuals in becoming and remaining drug free. This includes guiding those who acknowledge illegal drug use in advance of a test, and individuals who test positive for illegal use of drugs into counseling or treatment and support through an employee assistance program designed to combat substance abuse.
Where will the drug test be held?
Collection sites will be established where individuals present themselves for the purpose of providing urine specimens to be analyzed. The collection sites may be located at a government or contractor facility, and will possess all necessary personnel, materials, equipment, facilities, and supervision to provide for the collection in private and ensure the secure temporary storage and transportation of urine specimens to a drug testing laboratory in accordance with established government regulations.
What rights do I have if I test positive?
Established procedures protect each employee's constitutional and due process rights, to ensure the proper and fair administration of DOE requirements prohibiting illegal drug use. These due process procedures for Federal employees are fully described in DOE 3750.1, Workforce Discipline. Further information for contractor employees can be found in 10 C.F.R. 707.14
Define “Random Testing”.
Random testing is the unscheduled, unannounced testing of randomly selected employees in testing designated positions. The random testing process ensures that selections are not made in an arbitrary, capricious, or discriminatory manner.
What position would require random drug testing?
All holders of a DOE security clearance are in testing-designated positions and will be subject to random drug testing. Contractor employees may also refer to 10 C.F.R. 707.7(b).
Who can exempt a position from the drug testing program?
The Secretary of Energy provides general policy direction for the DOE drug-testing program. The Secretary approves or disapproves requests to exempt certain positions or groups of positions from the drug testing program.
Who oversees the Department’s drug testing program?
The Chief Human Capital Officer (CHCO) ensures that the Department's drug testing program for Federal employees is operated in an objective and effective manner. Contractor employees are subject to the provisions of title 10, Code of Federal Regulations, Part 707, which is administered by the Office of Health and Safety, HS-10.
Who will review the results?
A Medical Review Officer (MRO), in compliance with the guidelines for Federal drug testing programs promulgated by the Department of Health and Human Services, receives and reviews drug test results for the purpose of determining use of illegal drugs. The MRO assures that an individual who has tested positive has been afforded an opportunity to justify the test result; issues appropriate notices of determination based on drug test results consistent with confidentiality requirements; and reports summaries of all activities and findings to the appropriate authorities on a regular basis.
What type of drugs are you testing for?
Random testing will be performed to identify the use of the following drugs or classes of drugs: Marijuana; Cocaine; Opiates; Phencyclidine; and Amphetamines. Testing may also be performed for other drugs or classes of drugs in accordance with any agreement made between DOE and the Secretary of Health and Human Services.
What will happen to me if the laboratory identifies my specimen as positive for one or more drugs, or as adulterated or substituted?
You will have the opportunity to speak directly with a Medical Review Officer (MRO). During your interview you will have an opportunity to provide information and/or medical documentation to explain / support why your specimen was positive, adulterated or substituted. Based on the information you provide, the MRO will verify your result by determining whether or not there is a legitimate medical reason for your test result. The MRO will report your result to your employer only after making this determination.
Are my results private?
Federal employee test results will be protected to ensure privacy. The service agent (e.g., a testing laboratory, Medical Review Officer or Substance Abuse Professional) is not permitted to disclose federal employee test result(s) without your written consent. In certain situations however, your test information may be released without your consent; such as, legal proceedings, grievances, or administrative proceedings brought on by you or on your behalf, which resulted from a positive, adulterated, substituted test result or refusal. When, and if, DOE releases your drug and alcohol testing records, DOE must notify you in writing. Contractors are required to maintain maximum confidentiality of contractor employee records related to illegal drug use, to the extent required by applicable statutes and regulations. If such records are sought from the contractor for criminal investigations, or to resolve a question or concern relating to the Human Reliability Program certification or access authorization under 10 CFR part 710, any applicable procedures in statute or regulation for disclosure of such information shall be followed. For further information, contractor employees should refer to section 707.16(b).
What should I do if I believe I have an alcohol or substance abuse problem?
Determine if your employer has an Employee Assistance Program (EAP). These programs typically focus on substance abuse problems and prevention as well as health and family problems. Some may be linked to your health benefits. With limited exceptions, these programs offer full privacy and confidentiality. Almost every community in the country has resources available to assist you through the evaluation and treatment of an alcohol or substance abuse problem. If you would like to find a treatment facility close to you, check with your local yellow pages, local health department or visit the U.S. Department of Health and Human Services treatment facility locator at http://findtreatment.samhsa.gov. This site provides contact information for substance abuse treatment programs by state, city and U.S. Territory.
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