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600-85, KSARNG, Substance Abuse Prevention & Control, 2007 Jun 1(2)
| 10 – 31. Administrative and disciplinary actions a. Pursuant to EO 12564 supervisors shall, in addition to any appropriate personnel actions, refer any employee who is found to use illegal drugs to EAP for assessment, counseling, and referral for treatment or rehabilitation as appropriate. If the employee occupies a sensitive position as defined under DoDI 1010.09 (whether or not the position is a TDP), the supervisor must immediately remove the employee from that position and assign the employee other duties pending a decision on his or her status. b. Supervisors must consult with their servicing CPAC before initiating any formal disciplinary or adverse action and before referring an employee to EAP. The servicing CPAC will advise the supervisor about options and responsibilities. For civilian employees found to have used illegal drugs or to be impaired by alcohol while on duty, a range of formal disciplinary actions are available from a written reprimand to removal. The severity of action chosen will AR 600–85 • 23 July 2020 71 depend on the circumstances of each case. Supervisors will initiate action to discipline any employee found to have used illegal drugs, except that such action is not mandatory for an employee who voluntarily admits to illegal drug use, obtains counseling or rehabilitation through the EAP, and thereafter refrains from using illegal drugs. c. Disciplinary action will be consistent with the requirements of any governing collective bargaining agreement and other applicable statutes, regulations, and table of penalties. d. Supervisors generally have discretion in deciding what disciplinary measures to initiate however, initiation of removal from Federal service is required if the employee refuses to obtain counseling or rehabilitation through the EAP after having been found to use illegal drugs, or if the employee does not refrain from using illegal drugs after a first finding of such use. e. Verified positive test results and information developed in the course of the drug testing of the employee, subject to the limitations of 5 USC a, PL 100 – 71, 42 USC dd, and 42 CFR Part 2, maybe considered in processing any adverse action against the employee or for other administrative purposes. Preliminary test results may not be used in an administrative proceeding. f. The servicing CPAC will ensure that appropriate coordination with the labor counselor is accomplished. g. Upon successful completion of rehabilitation, or as apart of a rehabilitation/treatment program if progress is evident and the employee poses no danger to health, safety or security, the employee maybe returned to the TDP. Refer to EO 12564, Section 5, Paragraph (c, and DoDI 1010.09 ) Download 3.47 Mb. Share with your friends:
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