What Happens When a NASA Contractor Employee Fails a Drug Test?

A NASA contractor employee in a sensitive position whose confirmed test shows unlawful use of alcohol or a controlled substance must, where appropriate, be suspended, disqualified or dismissed, and may not work in a sensitive position on a NASA contract until completing rehabilitation (48 CFR 1852.223-74(c)). Some employees are permanently barred from sensitive positions.

Permanent bar. The contractor's program must bar an employee found to have used alcohol or a controlled substance unlawfully from working in any sensitive position on a NASA contract if the employee had undertaken or completed rehabilitation before that use, refuses to undertake rehabilitation, fails to complete it, or used a controlled substance or alcohol while on duty (48 CFR 1852.223-74(c)(3)).

Rehabilitation program. The contractor must maintain an appropriate rehabilitation program that, at a minimum, identifies and offers treatment to employees in safety-sensitive, security or national security functions who need help with alcohol or controlled substance problems (48 CFR 1852.223-74(d)).

Preemption. The clause takes precedence over inconsistent state or local laws, rules, regulations, ordinances, standards or orders (48 CFR 1852.223-74(e)).

Collective bargaining. Where a collective bargaining agreement applies, the contractor negotiates the terms of its program with employee representatives, but negotiation cannot change the clause requirements. Covered employees are not subject to the clause until the agreement is modified. If the parties have not reached agreement one year after negotiation begins, an impasse is reached and the contractor will implement the clause unilaterally (48 CFR 1852.223-74(f)).

Subcontracts. The contractor must include the clause in subcontracts that involve sensitive positions, except subcontracts for commercial products or commercial services (48 CFR 1852.223-74(g)).

Return to work and follow-up. The FAQ on the role of an MRO explains how positive results are verified, and the FAQ on DOT employee assistance program requirements describes assistance programs. Reasonable suspicion decisions are covered in the FAQ on reasonable suspicion training.

The FAQ on NASA contractor drug and alcohol testing requirements lists the required tests.