Workplace Substance Abuse

Title:	Workplace Substance Abuse
Publication date:	2/7/2022
Effective date:	8/1/2013

BRIEF

Policy Summary

It is the policy of Berkeley Lab to promote and maintain a safe, healthy, and productive drug-free and alcohol-free work environment for the benefit of its employees and the communities in which it operates. The Laboratory strives to maintain a work site free from the use, possession, sale, distribution, or manufacture of alcohol, illegal drugs, or controlled substances.

The Laboratory considers substance abuse a serious issue. By recognizing that substance abuse is a treatable condition, and by establishing a program to address substance abuse in the workplace, this policy seeks to prevent its risks and ill effects.

Who Should Read This Policy

This policy applies to both represented and nonrepresented employees in the following classifications: career, term, faculty, postdoctoral fellow, limited, visiting researcher, graduate student research assistant (GSRA), and student assistant (See Types of Employee Appointments for appointment definitions).
This policy applies to all affiliates and visitors.

To Read the Full Policy, Go To:

The POLICY tab on this wiki page

Contact Information

For more information, contact your division's HR Field team or the Workplace Substance Abuse Administrator at [email protected].
Feedback on HR policies or procedures is welcomed. Send comments to [email protected].

Title:	Workplace Substance Abuse
Publication date:	2/7/2022
Effective date:	8/1/2013

POLICY

A. Purpose

It is the policy of Lawrence Berkeley National Laboratory (Berkeley Lab) to promote and maintain a safe, healthy, and productive drug-free and alcohol-free work environment for the benefit of its employees and the communities in which it operates. The Laboratory strives to maintain a work site free from the use, possession, sale, distribution, or manufacture of alcohol, illegal drugs, or controlled substances.

Berkeley Lab considers substance abuse a serious issue. By recognizing that substance abuse is a treatable condition, and by establishing a program to address substance abuse in the workplace, this policy seeks to prevent its risks and ill effects.

B. Persons Affected

This policy applies to both represented and nonrepresented employees in the following classifications: career, term, faculty, postdoctoral fellow, limited, visiting researcher, graduate student research assistant (GSRA), and student assistant (See Types of Employee Appointments for appointment definitions).
This policy applies to all affiliates and visitors.

C. Exceptions

Request that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at a minimum, the approval of the Chief Human Resources Officer.

D. Policy Statement

For Program Information

Resources

Employee Assistance Program (EAP)
University Health Services, Tang Center
2222 Bancroft Way, Suite 310
Berkeley, CA 94720-4300
(510) 643-7754

Berkeley Lab recognizes alcohol and/or drug dependency as a treatable condition and offers programs and services for Laboratory employees with substance-dependency problems. Employees are encouraged to seek assistance, as appropriate, from employee support programs, health centers, and counseling or psychological services available through the Laboratory's Employee Assistance Program (EAP), which is provided by the University of California Health Services (the Tang Center) on the Berkeley campus. Participation in such programs or services will be treated as confidential, in accordance with federal and state laws.
Berkeley Lab strives to maintain a work site free from the use, possession, sale, distribution, or manufacture of alcohol, illegal drugs, or controlled substances.

For Program Information

Related Policies

Serving Alcohol at Berkeley Lab Events policy

The Laboratory strongly supports and is committed to making a good-faith effort to maintain a workplace free of substance abuse. Unlawful manufacture, distribution, dispensing, possession, use, or sale of alcohol, illegal drugs, or controlled substances by employees in the workplace, on Laboratory premises, at official Laboratory functions, or on Laboratory business is prohibited. Unauthorized possession, use, consumption, or being under the influence of alcohol on Laboratory premises is prohibited. In addition, employees may not use illegal substances or abuse legal substances, including alcohol, in a manner that impairs work performance.
Condition of Laboratory Employment
1. Compliance with this policy is a condition of employment at Berkeley Lab. Employees will abide by the terms and conditions of this policy.
2. Employees found to be in violation of this policy may be subject to corrective action (up to and including dismissal) under applicable Laboratory policies and collective bargaining agreements (CBAs) or may be required, at the discretion of the Laboratory, to participate and successfully complete a treatment program.
Testing for Drugs and Alcohol

For Program Information

Testing Designated Positions Covered by the Department of Transportation

Any Laboratory position where the employee holds a Commercial Class C, Class B, or Class A driver’s license and drives for the Laboratory, including bus driver, truck driver, motor vehicle mechanic, and/or facilities technical supervisor.
1. To ensure the accuracy and fairness of the Berkeley Lab testing program, all testing will be conducted according to the Department of Health and Human Services (DHHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs, 53 CFR 11979, as amended ("DHHS Guidelines"), and if applicable, other federal regulations.
2. The Laboratory will test for the use of the following drugs or classes of drugs: marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines. However, when conducting reasonable-suspicion or occurrence testing, the Laboratory may also test for any drug listed in Schedules I or II of the Controlled Substances Act, including alcohol.
3. If an employee refuses to cooperate with the testing, the employee shall be treated in all respects as if the employee had tested positive for an illegal drug or alcohol.
4. Employees in Testing-Designated Positions (TDPs).
  
  For Program Information
  
  Testing-Designated Positions Covered by the Code of Federal Regulations
  
  Currently, there are no testing-designated positions under this regulation.
  
  Employees covered by either the Department of Transportation (DOT) rule or the Code of Federal Regulations (CFR) rules are subject to drug and alcohol tests. Testing for both groups of employees is done under the following circumstances:
  1. Pre-employment drug test
  2. Post-accident testing
    1. These are accidents involving the operation of a Laboratory motor vehicle or motorized machinery such as a forklift.
    2. Employees must be tested in a reasonable amount of time, regardless of fault.
  3. Random testing
  4. Reasonable-suspicion testing
  5. Return-to-duty testing
  6. Follow-up testing
5. Employees in Non-Testing-Designated Positions (Non-TDPs), Affiliates, and Visitors. Non-TDP employees, affiliates, visitors, and subcontractors may be required to participate in reasonable-suspicion drug and alcohol testing. If the employee, affiliate, visitor, or subcontractor has tested positive and is allowed back on Laboratory property, the employee may be required to adhere to follow-up testing for drugs and alcohol.
6. Retest. Any employee, affiliate, visitor, or subcontractor who has been notified of a positive test result may request a retest of the same sample at the same or another certified laboratory. The employee, affiliate, visitor, or subcontractor is responsible for the cost of transportation and/or testing of the sample.

E. Roles and Responsibilities

Role	Responsibility
Affiliates and visitors	Must comply with the Berkeley Lab Workplace Substance Abuse Policy May be required to participate in reasonable-suspicion drug and alcohol testing
Chief Human Resources Officer (CHRO)	Has functional responsibility for this policy
Employees in non-testing-designated positions (Non-TDPs)	Must provide written notice to the Laboratory through their immediate supervisors or managers no later than five calendar days after being convicted of any criminal drug-statute violation occurring in the workplace or while on Laboratory business
Employees in testing-designated positions (TDPs)	Are subject to drug and alcohol testing. Must provide written notice to the Laboratory through their immediate supervisors or managers of any alcohol-related conviction or a drug-related arrest or conviction, or receipt of a positive drug or alcohol test results, as soon as possible but no later than five calendar days after such arrests, conviction, or receipt
Human Resources (HR) Division	Advises management and employees on how to comply with this policy Keeps list of testing-designated positions and employee training records
Managers and supervisors	Are responsible for the Laboratory's drug- and alcohol-abuse prevention and testing program, including: Observing staff for possible influence of drugs or alcohol Managing disciplinary actions that occur because of a positive alcohol or drug test or refusal to submit to a test
Workplace Substance Abuse Program (WSAP) Administrator	Has the responsibility to coordinate efforts with the WSAP Facilitator to ensure compliance with the WSAP and to maintain alcohol- and drug-testing records
Workplace Substance Abuse Program (WSAP) Facilitator	Has the responsibility to coordinate with the testing laboratory to conduct tests, to schedule and initiate employee testing, and to oversee the collection of samples by the testing laboratory
Workplace Substance Abuse Program (WSAP) Manager	Is the Designated Employer Representative (DER) for the Laboratory Ensures the program complies with applicable federal, state, Department of Energy (DOE), and the University of California regulations and policies Outsources the testing procedures to a third-party vendor, which includes a Medical Review Officer (MRO) to review and decide on the results of alcohol and/or drug test. For TDP employees with any alcohol-related conviction or a drug-related arrest or conviction, or receipt of a positive drug or alcohol test result or for non-TDP employees convicted of any criminal drug statute violation occurring in the workplace or while on Laboratory business, the Laboratory is required to notify the federal contracting or granting agency no later than 10 calendar days after receiving notice of such arrest or conviction and to take appropriate corrective action up to and including termination or to require the employee to participate and successfully complete available counseling, treatment, and approve substance-abuse assistance, or rehabilitation programs within 30 calendar days after receiving notice of such conviction.

F. Definitions/Acronyms

Term	Definition
Accident	An incident that occurs on the job where: Through an employee's own actions they are injured; or Through an employee's actions, another employee or individual is injured; or An employee creates a hazardous situation that presents danger, either to the employee or to another employee or individual; or The employee is involved in a vehicular accident in a Laboratory vehicle 1 or in their personally owned vehicle while on Laboratory business.
Alcohol intoxication	A determination is made when alcohol tests show a blood-alcohol content (BAC) of 0.04% or greater (49 CFR 40.285)
BAC	Blood alcohol content
CBA	Collective bargaining agreement
CDL	Commercial driver's license
CFR	Code of Federal Regulations
CHRO	Chief Human Resources and Diversity Officer
CMV	Commercial motor vehicle
Controlled substances	Controlled substances as defined in schedules I-V of the Controlled Substances Act (21 United States Code [USC]) §812) and 21 CFR 1308
Criminal drug statute	A criminal federal or nonfederal statute involving the manufacture, distribution, dispensation, use, or possession of any controlled substance
Designated Employer Representative (DER)	An employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these cover duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer, consistent with the requirements of 49 CFR 40.
DHHS	Department of Health and Human Services
DOE	Department of Energy
DOT	Department of Transportation
Drug or alcohol conviction	A finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with responsibility to determine violations of any criminal drug or alcohol statutes
EAP	Employee Assistance Program. A program of counseling, referral, and educational services concerning illegal drug use and other medical, mental, emotional, or personal problems of employees, particularly those that adversely affect behavior and job performance. Employees are encouraged to self-refer for substance-abuse problems and to seek confidential assistance. The Lab's EAP provider is UC Berkeley Health Services.
GSRA	Graduate student research assistant
HR	Human Resources
Illegal drugs	A controlled substance, as specified in Schedules I through V of the Controlled Substances Act, 21 USC 811, 812. The term "illegal drugs" does not apply to the use of a controlled substance in accordance with terms of a valid prescription, or other uses authorized by law.
Medical Review Officer (MRO)	A third-party licensed physician responsible for receiving and reviewing laboratory results generated by an employer's drug-testing program and evaluating medical explanations for certain drug-test results
Non-TDP	Non-testing-designated position
Reasonable suspicion	A suspicion based on an articulable belief that an employee is either under the influence of alcohol, illegal drugs, or controlled substances; or is engaged in use, possession, sale or distribution, or manufacture of alcohol, illegal drugs, or controlled substances, drawn from particularized facts and reasonable inferences from those facts
Testing-designated position (TDP)	Employees in jobs designated as TDPs are subject to drug and alcohol testing under one or more the following regulations: Department of Transportation — Testing-Designated Position (DOT-TDP): The DOT rule covers employees whose Laboratory job duties are such that federal regulations require them to hold a commercial driver's license (CDL) in order to drive the commercial motor vehicle (CMV) on public highways, and who, during the course of the workday, operate or are expected to be ready to operate a vehicle with the gross combination or gross vehicle weight of at least 26,001 pounds inclusive of a towed unit with a gross vehicle rating of more than 10,000 pounds; a vehicle originally or currently designed to transport 16 or more passengers including the driver; a vehicle of any size used to transport hazardous materials found in the Hazardous Materials Transportation Act, and that required the motor vehicle to be placarded under the Hazardous Materials Regulations. 10 CFR 707 —Testing-Designated Position (CFR-TDP): An employee in a position in which failure to adequately discharge their position could significantly harm the environment, public health or safety, or national security; or other positions determined by DOE, to have the potential to significantly affect the environment, public health and safety, or national security
UC	University of California
Under the influence	An employee's work performance or on-the-job behavior that may be affected in any way by alcohol, illegal drugs, or controlled substance
WSAP	Workplace Substance Abuse Program

1 Vehicle refers to either (1) a Department of Transportation (DOT) commercial vehicle that is 26,001 pounds gross vehicle weight rating (gvwr) or greater, or a vehicle that carries 16 passengers or more including the driver, or that is required to display a DOT placard indicating the transportation of hazardous material; or (2) any Laboratory-owned motorized vehicle, including cars, trucks, forklifts, and GEMs (Global Electric Motorcars).

G. Recordkeeping Requirements

Role

Responsibility

Human Resources Division

Is responsible for maintaining the following records:

List of testing-designated positions (TDPs)
Employee training records

Third-party vendor

Is responsible for maintaining drug and alcohol test results

H. Implementing Documents

None

I. Contact Information

For information regarding this policy, contact your division's HR Field team or the Workplace Substance Abuse Administrator at [email protected].
Feedback on HR policies is welcomed. Send comments to [email protected].

J. Revision History

Date	Revision	By whom	Revision Description	Section(s) affected	Change Type
1/2/2012	0	M. Bello	Rewrite for wiki	All	Minor
8/1/2013	1	M. Bello	Added and revised roles and responsibilities of Lab staff	All	Major+ 30 days
2/7/2022	1.1	W. Crosson	Periodic review with editorial revisions: updated links and removed gendered pronouns and replaced with gender-neutral language. Removed outdated implementing documents.	All	Editorial

DOCUMENT INFORMATION

Title:	Workplace Substance Abuse
Document number	02.02.005.000
Revision number	1.1
Publication date:	2/7/2022
Effective date:	8/1/2013
Next review date:	2/7/2027
Policy Area:	Work Environment
RPM Section (Home)	Human Resources
RPM Section (cross-reference)	none
Functional Division	Human Resources
Prior reference information (optional)	RPM Chapter 2.23(C)

Source Requirements Documents

Source	Document number & effective date	Document Title
Department of Energy (DOE)	DE-AC02-05CH11231, Sec. J, Appendix A	Advanced Understandings on Human Resources
University of California (UC)	November 1, 1990	Presidential Policy on Substance Abuse
California	LC 1025	California Labor Code Section 1025 (time off for voluntary drug or alcohol rehabilitation programs)
DOE	10 CFR 707	Workplace Substance Abuse Programs at DOE Sites
DOE	I.88	DEAR 970.5223-4 Workplace Substance Abuse Programs at DOE Sites (December 2000)
Federal		Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D)

Implementing Documents