Federal Contractor Drug Testing Policy Template for United States

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Federal Contractor Drug Testing Policy

"Need a Federal Contractor Drug Testing Policy for our technology company that recently won a Department of Defense contract, with specific focus on cybersecurity personnel and compliance with both federal regulations and California state laws, to be implemented by March 2025."

Document background
The Federal Contractor Drug Testing Policy is a crucial document required for organizations engaging in contracts with the U.S. federal government. This policy ensures compliance with federal regulations and maintains workplace safety and security standards. It includes specific procedures for drug testing, identifies prohibited substances, outlines consequences for violations, and details compliance requirements. The policy must align with the Drug-Free Workplace Act of 1988, Executive Order 12564, and other federal regulations while considering applicable state laws.
Suggested Sections

1. Purpose and Scope: Defines the policy's objectives and applicability to federal contractors and their employees

2. Definitions: Defines key terms including prohibited substances, types of tests, and safety-sensitive positions

3. Legal Framework: Overview of applicable federal laws, regulations, and guidelines including Drug-Free Workplace Act and SAMHSA Guidelines

4. Prohibited Conduct: Details prohibited activities including use, possession, and distribution of controlled substances

5. Testing Program Requirements: Comprehensive overview of drug testing program including types, frequency, and circumstances of testing

6. Testing Procedures: Detailed procedures for specimen collection, chain of custody, and laboratory analysis

7. Privacy and Confidentiality: Requirements for handling sensitive information and maintaining employee privacy

8. Consequences and Disciplinary Actions: Details of actions taken for policy violations and positive test results

9. Recordkeeping Requirements: Specifications for maintaining testing records and related documentation

Optional Sections

1. Employee Assistance Programs: Details of available support services and rehabilitation programs for employees with substance abuse issues

2. State-Specific Requirements: Additional requirements based on state law where the contractor operates

3. Return-to-Duty Procedures: Procedures for employees returning to work after positive test results or rehabilitation

4. Union Considerations: Special provisions for unionized workplaces and collective bargaining agreements

Suggested Schedules

1. Schedule A: Consent Forms: Standard forms for employee consent to drug testing

2. Schedule B: Testing Protocols: Detailed technical procedures for different types of drug tests

3. Schedule C: Approved Testing Facilities: List of authorized testing laboratories and collection sites

4. Schedule D: Prohibited Substances: Comprehensive list of prohibited substances and their cut-off levels

5. Schedule E: Documentation Forms: Standard forms for test results, chain of custody, and other required documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Drug-Free Workplace Act 1988: Federal law requiring federal contractors to maintain a drug-free workplace policy and implement specific program requirements

Executive Order 12564: Federal directive establishing requirements for Drug-Free Federal Workplace, including testing procedures and program implementation

FAR 52.223-6: Federal Acquisition Regulation clause specifying drug-free workplace requirements for federal contractors

Controlled Substances Act: Federal law establishing schedules of controlled substances and regulations for their use, relevant for determining prohibited substances

49 CFR Part 40: Department of Transportation regulations detailing specific procedures for workplace drug and alcohol testing programs

SAMHSA Guidelines: Substance Abuse and Mental Health Services Administration guidelines for federal workplace drug testing programs

HHS Mandatory Guidelines: Department of Health and Human Services comprehensive requirements for federal workplace drug testing programs

State Drug Testing Laws: Various state-specific regulations governing workplace drug testing procedures and requirements

Americans with Disabilities Act: Federal law requiring reasonable accommodations for employees using prescription medications and protecting against discrimination

HIPAA: Health Insurance Portability and Accountability Act governing privacy of medical information, including drug test results

GINA: Genetic Information Nondiscrimination Act protecting employees from discrimination based on genetic information

National Labor Relations Act: Federal law protecting workers' rights and requiring consideration of collective bargaining agreements in drug testing policies

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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