Drug testing for reasonable suspicion of illegal drug use.

CFR · 2024-01-01 · US · Title 10

(a)(1) It may be necessary to test any employee in a testing designated position, or individuals with unescorted access to the control areas of the DOE reactors listed in § 707.7(c), for the use of illegal drugs, if the behavior of such an individual creates the basis for reasonable suspicion of the use of illegal drugs. Two or more supervisory or management officials, at least one of whom is in the direct chain of supervision of the employee, or is a physician from the site occupational medical department, must agree that such testing is appropriate. Reasonable suspicion must be based on an articulable belief that an employee uses illegal drugs, drawn from particularized facts (2) Such a belief may be based upon, among other things: (i) Observable phenomena, such as direct observation of: (A) The use or possession of illegal drugs; or (B) The physical symptoms of being under the influence of drugs; (ii) A pattern of abnormal conduct or erratic behavior; (iii) Arrest for a conviction of a drug related offense, or the identification of the individual as the focus of a criminal investigation into illegal drug possession use, or trafficking; (iv) Information that is either provided by a reliable and credible source or is independently corroborated; (v) Evidence that an employee has tampered with a drug test; or (vi) Temperature of the urine specimen is outside the range of 32-38 degrees centigrade or 90-100 degrees Fahrenheit. (b) The fact that an employee had a confirmed positi

official document · source cfr-2024 · id 10:§ 707.10