NASA Procedural Requirements

NPR 3792.1D Effective Date: May 14, 2018 Expiration Date: May 14, 2025

Subject: NASA’s Plan for a Drug Free Workplace (Updated w/Change 2)

Responsible Office: Office of the Chief Human Capital Officer

Chapter 7. Records and Reports

7.1 Confidentiality of Test Results

7.1.1 The laboratory will disclose confirmed laboratory test results only to the MRO.

7.1.2 Any result, other than negative, that the MRO justifies by appropriate medical or scientific documentation to account for the results as other than the intentional ingestion of an illegal drug will be treated as a negative test result and may not be released for purposes of identifying illegal drug use.

7.1.3 Test results will be accorded the confidentiality protections provided in the Privacy Act,

5 U.S.C. § 552a, the Mandatory Guidelines, NPR 1382.17, and applicable provisions of

42 CFR § 2.1-2.67.

7.1.4 The MRO will maintain records in accordance with the Mandatory Guidelines and applicable Federal laws and regulations.

7.1.7 The results of a drug test of an employee conducted for purposes of NASA's Drug Free Workplace Plan may not be disclosed without the prior written consent of the employee, unless the disclosure would be to any of the following:

a. The Agency's MRO.

b. The EAP clinician, when the employee is receiving counseling or treatment or is otherwise participating in the EAP.

c. Any supervisor, management official(s), or employee relations specialist with the authority to take or recommend adverse personnel or suitability action against the employee.

d. The Office of Chief/General Counsel, for the purposes of providing counsel in connection with drug testing results.

e. Pursuant to the order of a court of competent jurisdiction where required by the United States Government to defend against any adverse personnel action.

7.1.8 Test results with all identifying information removed will be made available to personnel, including the DPC and NSSC Drug Testing Team, for data collection and other reporting or evaluation activities.

7.2 Employee Access to Records

7.2.1 Employees subject to drug testing shall, upon written request, have access to any records relating to the following:

a. The individual's drug test.

b. The results of any relevant certification, review, or revocation of proceedings.

7.3 Confidentiality of Records

7.3.1 All drug-testing information, specifically relating to individuals, is confidential and will be treated as such by anyone authorized to review, compile, or maintain program records.

a. The DPC and NSSC Drug Testing Team shall maintain all records relating to reasonable-suspicion testing, suspicion of tampering evidence, and any other authorized documentation necessary in accordance with GRS 1-36, Federal Workplace Drug Testing Program Files.

b. All records and information of the personnel actions taken on employees with verified other than negative test results should be forwarded to the appropriate HR representative and remain confidential and be appropriately safeguarded, allowing access only to authorized individuals who have a need to know.

7.4 Maintenance of Records

7.4.1 All records will be maintained in accordance with Privacy Act laws and regulations regarding confidentiality of patient records and this directive.

7.4.2 Records are maintained in accordance with NPR 1441.1 and the Federal guidelines for Federal Workplace Drug Testing Program Files.

7.4.3 The recordkeeping system captures sufficient documents to meet the operational and statistical needs of this Plan and includes the following:

a. Notices of verified other than negative test results referred by the MRO.

b. Written materials justifying reasonable-suspicion and post-accident or unsafe practice testing or evidence that an individual may have altered or tampered with a specimen.

c. Anonymous statistical reports.

d. Other documents that the DPC, NSSC Drug Testing Team, MRO, or EAP Administrator deem necessary for compliance with this directive.

e. If necessary, other records as required by subsequent administrative or judicial proceedings or at the discretion of the DPM.

7.5 Employee Assistance Program (EAP) Records

7.5.1 The Center's EAP clinician shall maintain records necessary to carry out his/her duties and comply with this directive.

7.5.2 All medical and/or rehabilitative records concerning the employee's drug abuse, including EAP records of the identity, diagnosis, prognosis, or treatment are confidential and may be disclosed only as authorized by 42 CFR § 2.1-2.67, including the provision of written consent by the employee. With written consent, the patient may authorize the disclosure of those records to the patient's employer for verification of treatment or for a general evaluation of treatment progress.

7.6 Statistical Information

7.6.1. The servicing DPC shall collect and compile anonymous statistical data for reporting the following to the NSSC Drug Testing Team at the end of each fiscal year:

a. Number of random, reasonable-suspicion, post-accident or unsafe practice, follow-up, and pre-employment tests administered.

b. Number of voluntary drug counseling referrals.

c. Number of involuntary drug counseling referrals.

d. Number of terminations or denial of employment offers resulting from the refusal to submit to testing, alteration of specimens, or the failure to successfully complete an EAP counseling or rehabilitative program and follow-up testing.

e. Number of employees who successfully complete the EAP counseling or rehabilitative program and follow-up testing.

f. Number of employees and percent of total employees provided with DFWP educational materials, and type of materials distributed.

g. Number and percent of supervisors who received training on the NASA DFWP and the topics covered.

7.6.2 This data, along with other pertinent information, is compiled and provided to the NSSC Drug Testing Team for inclusion in the HHS Annual Survey Report to Congress to assist in overall program evaluation and to determine if changes to the HHS Mandatory Guidelines should be recommended.

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