What Drug and Alcohol Testing Must NASA Contractors Do?

A NASA contractor covered by clause 1852.223-74 must have a program to test employees in sensitive positions for illegal drug use and alcohol violations, including pre-employment, reasonable suspicion, random, post-accident and periodic recurring (follow-up) testing (48 CFR 1852.223-74(b)). The clause applies to NASA contracts over $5 million with sensitive positions.

Testing procedures. The program must conform to the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs and to the DOT procedures in 49 CFR Part 40. The clause lists marijuana, cocaine, amphetamines, opiates and phencyclidine (PCP), to be tested under section 3.1 of the HHS guidelines and 49 CFR 40.85 (48 CFR 1852.223-74(b)(4)). The clause cites the 2008 HHS guidelines (73 FR 71858). The current 49 CFR 40.85 table lists these analytes: THCA, benzoylecgonine, codeine, morphine, hydrocodone, hydromorphone, oxycodone, oxymorphone, 6-acetylmorphine, phencyclidine, amphetamine, methamphetamine, MDMA and MDA. Alcohol testing follows 49 CFR Part 40. Use of a controlled substance under a valid prescription, or another use authorized by law, is not subject to the clause.

Designating positions. The contractor may use NASA Procedural Requirements 3792.1 as guidance in designating sensitive positions. The clause neither requires nor prohibits testing employees in a foreign country. The contractor may set up its testing or rehabilitation program together with other contractors or organizations.

Post-accident testing. The contractor must conduct post-accident testing when it determines an employee's actions are reasonably suspected of having caused or contributed to an accident resulting in death, personal injury requiring immediate hospitalization, or damage to government or private property estimated to exceed $20,000. The contractor must give test results to the contracting officer on request.

Practical steps. Random selection methods are described in the FAQ on random drug testing policies. Follow-up testing after a violation is covered in the FAQ on DOT follow-up testing requirements. Laboratory cutoffs are described in the FAQ on SAMHSA cutoff levels.

The FAQ on which NASA contracts require the clause explains coverage, and the FAQ on consequences for NASA contractor employees covers removal and rehabilitation.