BOP Program Statement 3760.01 § 1

Any illegal drug use, or abuse of legal drugs or alcohol by Federal Bureau of Prisons (Bureau)

staff has an adverse impact on the accomplishment of the Bureau's law enforcement mission and

will not be tolerated.

Regardless of individual state legislation or initiatives, the use of any drug classified as Schedule

I under The Federal Controlled Substances Act (CSA) of 1970, established under

21 U.S.C. § 801 et. seq., whether for non-medical or ostensible medical purpose, violates federal

law and the Federal Drug-Free Workplace Program (DFWP). It is also inconsistent with

performance of safety-sensitive, health-sensitive, and security-sensitive positions, and with other

testing circumstances.

Given the Bureau's law enforcement mission, the Bureau has reason to operate a comprehensive

drug testing program including pre-employment testing, random staff testing, reasonable

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suspicion testing, post-accident testing, post-substance abuse treatment testing, and voluntary

testing.

Testing programs under the Department of Health & Human Services (HHS) (i.e., Federal

DFWP) and Department of Transportation (DOT) (Commercial Drivers Licenses [i.e., CDL]) are

separate and not interchangeable. Therefore, correct regulatory authority, procedures, and

Custody and Control Forms (CCF) must be used to maintain compliance and program integrity.

HHS Testing. A full table of comparison between HHS and DOT testing can be found in

Appendix A.

 HHS testing applies to federal staff, applicants for employment, and staff in Test Designated

Positions (TDP) to promote institutional security and workforce reliability, consistent with

Executive Order 12564 and 41 CFR Part 102-34. HHS drug testing is mandated to support a

drug-free workplace by ensuring staff reliability, integrity, and compliance with the federal

employment standards. HHS testing is administrative in nature and is used to promote safety,

security, and public trust.

 In accordance with Bureau policy and applicable federal regulations, the Bureau conducts

drug testing under the HHS Mandatory Regulations as part of its Drug-Free Workplace

Program.

DOT Testing. A full table of comparison between HHS and DOT testing can be found in

Appendix A.

 Drug and alcohol testing regulated by the DOT applies only to staff performing safety-sensitive transportation functions and is governed by 49 CFR Part 40 and applicable DOT

regulations. DOT testing includes drug testing under the federally prescribed panel and

mandatory alcohol testing. It requires immediate removal of the affected staff from safety-sensitive duties and their evaluation by a substance abuse professional following a violation.

a. Program Objectives.

 Bureau staff will not use drugs illegally or abuse legal drugs or alcohol that may directly

impact the safety, health, or security of the workplace.

 Applicants for employment found to currently use drugs illegally or abuse legal drugs or

alcohol will be eliminated from employment consideration.

 Staff who voluntarily identify themself as an illegal drug user or abuser of legal drugs or

alcohol, prior to identification through other means, will be given an opportunity for

treatment and protection from disciplinary action. Refer to Section 5. V oluntary

Admission/Safe Harbor Program for more information.

 Disciplinary action will be taken against any Bureau staff member determined to use drugs

illegally or abuse legal drugs or alcohol, and who has not presented themself for assistance

according to the terms of Section 5 of this program statement.

 The privacy rights of staff concerning drug testing or treatment will be maintained under

the Privacy Act of 1974.

b. Institution Supplement. None.