BOP Program Statement 3760.01 § 13

Drug use testing will be performed in these categories:

 Pre-employment

 Random

 Reasonable suspicion

 Post-accident

 Active enrollment in Safe Harbor Program and post-treatment – EAP

 Voluntary

a. Pre-employment. All applicants are to be notified of the Bureau's drug testing program, and

notification of drug testing is to be posted on vacancy announcements.

Applicants tentatively selected for employment with the Bureau must be required to submit to

urinalysis drug screening prior to appointment to any Bureau position. The applicant is not to be

notified of the actual date and time of the drug test.

Positive results which cannot be justified by the presence of a prescription drug must preclude

the applicant from any further consideration from all Bureau locations for a period of two years.

The appropriate Human Resource Management staff must remove the applicant from any further

consideration based on a lack of personal characteristics necessary to relate to an inmate

population, and failure to support the organization's goals.

If an applicant has entered on duty before positive results are confirmed and has denied drug

usage during the pre-employment interview, action must be taken to separate the staff.

b. Random. The random testing selection pool must include all staff occupying TDPs and

staff who have volunteered to be subject to random testing. Selection must be determined by

simple random sampling conducted quarterly with an annual selection rate of 10 percent.

Each quarter, the National Coordinator must provide each CEO a list of staff, to include PHS, to

be tested. Quarterly sampling must be drawn from the complete TDP pool. Every staff member

filling a TDP will have an equal chance for selection each quarter. Although the chances of such

are very low, staff could be selected multiple times in a given year.

 Special Cases.

 Institution CEOs. The National Coordinator will notify the Regional Director, who

will instruct the CEO to report to the institution trained collector for drug testing.

 Regional Directors, Assistant Directors, Deputy Director, and the Director. The

National Coordinator will notify the Chief, Occupational Safety & Health, who will

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notify the Regional Directors, Assistant Directors, Deputy Director, or the Director to

report to the nearest available trained collector for drug testing.

In these cases, final test results will be provided to the donor and to the next level

supervisor.

c. Reasonable Suspicion. The CEO may require a urinalysis test be conducted on the basis of a

reasonable suspicion of drug use or alcohol misuse.

All staff may be tested for suspicion of on-duty use or impairment. Staff in TDPs may also be

tested for suspicion of off-duty use or impairment. Testing for reasonable suspicion will be

conducted in accordance with the following criteria:

 Facts and circumstances known warrant a rational inference that a person is using drugs

 Suspicion is supported by evidence of specific personal observations concerning job

performance, appearance, behavior, speech, or bodily odors of the staff, or if based on

hearsay evidence, there is corroborative evidence from a manager or supervisor with

training and experience in the evaluation of drug-induced impairment.

 Procedure. If staff is suspected of using illegal drugs or misuse of legal drugs or

alcohol, the appropriate supervisor or management official must gather all

information, facts, and circumstances leading to and supporting that suspicion, and

report that information, in writing, to the CEO.

The CEO will determine if there is sufficient evidence to substantiate reasonable

suspicion and document in a memorandum the specific facts and circumstances that

led them to believe the staff in question is, or has been, using drugs illegally or

misusing legal drugs or alcohol. The memorandum must be sent to the National

Coordinator, and include, at a minimum:

 the appropriate dates and times of reported drug-related incidents

 reliable/credible sources of information or corroborating information, if any

 the rationale leading to the test

A subsequent report must be prepared to document the test result and the action taken

regarding the staff.

 Notification & Specimen Collection. When grounds for reasonable suspicion have

been established, the CEO must ensure:

 The staff is notified that they are required to submit to a drug or alcohol test based

on reasonable suspicion of illegal drug use or misuse of legal drugs or alcohol.

The suspected staff must be explicitly ordered to submit to a reasonable suspicion

drug test in the presence of a witness

 The trained specimen collector is notified

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 A supervisory staff member is assigned to accompany the suspect staff to the

appropriate collection site

 Privacy. The staff's privacy is an important concern; however, when there is an

independent reason to believe the staff is likely to alter or substitute the specimen,

provision of the sample may be directly observed. If the donor staff is of different sex

than the collector, provision must be made for a same sex observer. The observer is

not to participate in the chain-of-custody of the specimen and will be clearly

instructed not to touch the specimen or any collection paraphernalia.

No direct observation must occur without authorization of the CEO ordering the test.

Rationale for use of direct observation must be clearly documented in the CEO's

record.

d. Post-Accident or Unsafe Practice. Staff filling a TDP may be subject to drug or alcohol

testing if they appear to have caused or contributed to a work-site accident resulting in:

 Death, or personal injury requiring immediate medical treatment

 Property damage in excess of $10,000

If the accident involved the operation of a qualifying commercial motor vehicle, post-accident

testing may be required under the authority of the Department of Transportation, Federal

Highway Administration (DOT/FHWA).

Based on satisfaction of the above criteria, the immediate or higher-level supervisor may arrange

for the driver to undergo drug or alcohol testing. Local CEOs may further restrict the level of

authority required for post-accident testing.

When testing is conducted because of a work-site accident, the decision maker must promptly

detail in writing for the CEO the basis of the decision to require a drug test. The written report

must include, at a minimum:

 Date and time of the reported accident

 Circumstances surrounding the accident

 Rationale for perceived appearance the staff may have caused or contributed to the

accident

 Documentation of the order to require a drug screen

Having determined a drug or alcohol test is warranted, the CEO or designee will contact the

certified collector with instructions to conduct a post-accident staff drug screen. The CEO or

designee will be responsible for ensuring the staff is notified of the required drug or alcohol test,

and the individual clearly understands they are being required to submit to a post-accident drug

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or alcohol screen. The CEO will document in a memorandum sent to the National Coordinator,

the specific facts and circumstances, and include, at a minimum:

 Date and time of the reported accident

 Circumstances surrounding the accident

 Rationale for perceived appearance the staff may have caused or contributed to the

accident

 Documentation of the order to require a drug test

A subsequent report must be prepared to document the test result and the action taken regarding

the staff.

Drug or alcohol tests ordered under this provision are to be collected as soon as possible after the

accident; however, the drug test will not interfere with the provision of required medical

treatment. Staff must be given the same privacy and safeguards provided under the reasonable

suspicion category of testing.

e. Post Completion of Substance Abuse Treatment or Follow-Up. Staff will be subject to

follow-up testing after completing a drug-related treatment program required by the Bureau.

Follow-up testing must be conducted without notice of regularity and will continue for 24

months at the discretion of the CEO and the National Coordinator.

f. Voluntary Submission to Testing. Staff not occupying a TDP are offered the opportunity to

submit themselves for inclusion in the random testing program. V olunteers must be subject to

random testing as if they occupied positions deemed to be test designated.

Staff may be included in the random selection testing pool by submitting a memorandum of

request to the National Coordinator, HSD, Central Office. Such staff must be maintained as a

volunteer until written notice of withdrawal is provided to the National Coordinator.