What Does the DOE Workplace Substance Abuse Program Require?

The Department of Energy (DOE) requires certain contractors to run a workplace substance abuse program under 10 CFR Part 707. The rule applies to DOE contractors and subcontractors working at sites owned or controlled by DOE and operated under the Atomic Energy Act, and to individuals with unescorted access to the control areas of certain DOE reactors (10 CFR 707.1).

Covered contracts. Part 707 covers management and operating contracts. It also covers other contracts or subcontracts worth $25,000 or more that DOE determines involve access to classified information or special nuclear materials, a high risk of danger to life, the environment, public health and safety or national security, or transporting hazardous materials to or from a DOE site (10 CFR 707.2).

Written program. Each contractor must submit a written program to DOE for approval, consistent with the HHS Mandatory Guidelines (10 CFR 707.5). Baseline elements include a ban on illegal drugs at the site, instruction for supervisors and employees, a policy statement to employees, a duty for employees to report a workplace drug conviction within 10 calendar days, notice to the DOE contracting officer within 10 calendar days, and personnel action or rehabilitation within 30 calendar days of notice.

Testing designated positions. Random testing applies to employees in testing designated positions (10 CFR 707.7). These include Human Reliability Program positions and positions where failure to perform could significantly harm the environment, public health or safety, or national security, such as pilots, firefighters, certain armed protective force members, reactor workers, hazardous materials handlers and other cleared personnel. The random rate is 30 percent each 12 months for most designated positions and 100 percent for HRP positions and individuals with unescorted reactor control area access. Applicants for these positions are also tested before final selection for employment or assignment (10 CFR 707.8).

Reasonable suspicion. Testing on reasonable suspicion requires agreement by two or more supervisory or management officials, at least one in the employee's direct chain of supervision, or a site occupational medical department physician (10 CFR 707.10). The belief must be articulable and drawn from particularized facts, such as observed use or symptoms, abnormal or erratic conduct, a drug arrest, corroborated reports, or test tampering. The FAQ on reasonable suspicion training for supervisors covers how supervisors document these observations.

Collection and refusals. Collections must allow individual privacy unless tampering is suspected, use chain of custody, and use HHS-certified laboratories (10 CFR 707.12). A refusal to cooperate is treated as a positive test.

Bargaining agreements. Contractors with collective bargaining agreements negotiate implementation, but the requirements themselves are not negotiable. If no agreement is reached after one year, the contractor implements the rule (10 CFR 707.15).

Related programs. The NRC runs a separate program for its licensees, described in the FAQ on the NRC fitness for duty program. The FAQ on random drug testing policies explains random selection in general. The FAQ on the DOE Human Reliability Program covers the added testing for HRP positions.