Federal Employment Drug Test Laws
- In September 1986 President Reagan established the goal of the government to prevent the use of drugs by federal employees. Executive Order 12564 established a federal drug test program for those with access to sensitive information and provided training to federal supervisors and managers on how to prevent illegal drug use by their employees. The Department of Health and Human Services would develop programs for, and improve federal drug testing.
- The Drug-Free Workplace Law (DFW) established formal guidelines for federal contractors and those who receive federal grants. DFW required grantees to take drug tests and some federal contractors to implement drug testing. Although all contractors and grantees must maintain a drug-free workplace, the bill laid out different standards for individuals and organizations due to the complexity that drug testing in organizations presents.
- Although not designed to affect federal drug test laws, the Americans with Disabilities Act does have a major impact on illegal drug screening of federal employees. The ADA considers past drug addiction as a disability and covers recovering addicts. If caught using drugs recently enough to warrant suspicion of problems, one may not claim addiction as a disability. Federal agencies may not, however, discriminate against employees in a drug rehabilitation program. They may perform drug tests without violating the ADA.
- The 1991 Transportation Employee Testing Act further expanded federal drug testing to include commercial drivers and other transportation employees in "safety-sensitive" positions. The Department of Transportation oversees the implementation and enforcement of this act for the public and private sector. This act covers six million people, a vast majority of transportation workers.
- The 1993 Family and Medical Leave Act applies to all businesses in the United States who employ more than 50 people. Those who fail a drug test and have already entered a rehabilitation program are eligible to receive up to 12 weeks of unpaid leave each year due to complications from a serious health issue. This law considers recovery from drug addiction, which includes inpatient and outpatient treatment centers, a serious health issue.