cfr_sections
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17 rows where part_number = 707 and title_number = 10 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:5.0.2.5.3.1.5.1 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | A | Subpart A—General Provisions | § 707.1 Purpose. | DOE | The Department of Energy (DOE) promulgates this part in order to protect the environment, maintain public health and safety, and safeguard the national security. This part establishes policies, criteria, and procedures for developing and implementing programs that help to maintain a workplace free from the use of illegal drugs. It applies to DOE contractors and subcontractors performing work at sites owned or controlled by DOE and operated under the authority of the Atomic Energy Act of 1954, as amended, and to individuals with unescorted access to the control areas of certain DOE reactors. The procedures include detection of the use of illegal drugs by current or prospective contractor employees in testing designated positions. | |||||
| 10:10:5.0.2.5.3.1.5.2 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | A | Subpart A—General Provisions | § 707.2 Scope. | DOE | (a) This part applies to the following contracts with DOE, at sites owned or controlled by DOE which are operated under the authority of the Atomic Energy Act of 1954, as amended: (1) Management and operating contracts; and (2) Other contracts or subcontracts with a value of $25,000 or more, and which have been determined by DOE to involve: (i) Access to or handling of classified information or special nuclear materials; (ii) High risk of danger to life, the environment, public health and safety, or national security; or (iii) Transportation of hazardous materials to or from a DOE site. (b) Individuals described in § 707.7 (b) and (c) will be subject to random drug testing; to drug testing as a result of an occurrence, as described in § 707.9; and to drug testing on the basis of reasonable suspicion, as described in § 707.10. (c) Applicants for employment in testing designated positions will be tested in accordance with § 707.8. | |||||
| 10:10:5.0.2.5.3.1.5.3 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | A | Subpart A—General Provisions | § 707.3 Policy. | DOE | It is the policy of DOE to conduct its programs so as to protect the environment, maintain public health and safety, and safeguard the national security. This policy is advanced in this rule by requiring contractors and subcontractors within its scope to adopt procedures consistent with the baseline requirements of this part, and to impose significant sanctions on individuals in testing designated positions or with unescorted access to the control areas of certain DOE reactors, who use or are involved with illegal drugs. | |||||
| 10:10:5.0.2.5.3.1.5.4 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | A | Subpart A—General Provisions | § 707.4 Definitions. | DOE | [57 FR 32656, July 22, 1992, as amended at 80 FR 5008, Jan. 30, 2015] | For the purposes of this part, the following definitions apply: Collection Site Person means a technician or other person trained and qualified to take urine samples and to secure urine samples for later laboratory analysis. Confirmed Positive Test means, for drugs, a finding based on a positive initial or screening test result, confirmed by another positive test on the same sample. The confirmatory test must be by the gas chromatography/mass spectrometry method. Counseling means assistance provided by qualified professionals to employees, especially, but not limited to those employees whose job performance is, or might be, impaired as a result of illegal drug use or a medical-behavioral problem; such assistance may include short-term counseling and assessment, crisis intervention, referral to outside treatment facilities, and follow-up services to the individual after completion of treatment and return to work. Drug Certification means a written assurance signed by an individual with known past illegal drug involvement, as a condition for obtaining or retaining a DOE access authorization, stating that the individual will refrain from using or being involved with illegal drugs while employed in a position requiring DOE access authorization (security clearance). Employee Assistance means a program of counseling, referral, and educational services concerning illegal drug use and other medical, mental, emotional, or personal problems of employees, particularly those which adversely affect behavior and job performance. Hazardous Material means any material subject to the placarding requirements of 49 CFR 172.504, table 1, and materials presenting a poison-inhalation hazard that must be placarded under the provisions of 49 CFR 172.505. Head of DOE Field Element means an individual who is the manager or head of the DOE operations office or field office. Illegal Drug means a controlled substance, as specified in Schedules I through V of the Controlled Substances Act, 21 U.S.C. 811, 812. The term “illegal… | ||||
| 10:10:5.0.2.5.3.2.5.1 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.5 Submission, approval, and implementation of a baseline workplace substance abuse program. | DOE | [57 FR 32656, July 22, 1992,, as amended at 80 FR 5008, Jan. 30, 2015] | (a) Each contractor subject to this part shall develop a written program consistent with the requirements of this part and the guidelines of the Department of Health and Human Services and subsequent amendments to those guidelines (“Mandatory Guidelines for Federal Workplace Drug Testing Programs,” 53 FR 11970, April 11, 1988; hereinafter “HHS Mandatory Guidelines”), and applicable to appropriate DOE sites. Such a program shall be submitted to DOE for review and approval, and shall include at least the following baseline elements: (1) Prohibition of the use; possession, sale, distribution, or manufacture of illegal drugs at sites owned or controlled by DOE; (2) Plans for instruction of supervisors and employees concerning problems of substance abuse, including illegal drug use, and the availability of assistance through the employee assistance program and referrals to other resources, and the penalties that may be imposed upon employees for drug-related violations occurring on the DOE owned or controlled site; (3) Provision for distribution to all employees engaged in performance of the contract on the DOE owned or controlled site of a statement which sets forth the contractor's policies prohibiting the possession, sale, distribution, or manufacture of illegal drugs at the DOE owned or controlled site. The statement shall include notification to all employees that as a condition of employment under the contract, the employee will: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring on the DOE owned or controlled site no later than 10 calendar days after such conviction; (4) Provision for written notification to the DOE contracting officer within 10 calendar days after receiving notice under paragraph (a)(3)(ii) of this section, from an employee or otherwise receiving actual notice of an employee's conviction of a drug-related offense; (5) Provision for imposing one of the following actions, wit… | ||||
| 10:10:5.0.2.5.3.2.5.10 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.14 Action pursuant to a determination of illegal drug use. | DOE | [57 FR 32656, July 22, 1992,, as amended at 80 FR 5008, Jan. 30, 2015; 87 FR 49979, Aug. 15, 2022] | (a) When an applicant for employment has been tested and determined to have used an illegal drug, processing for employment will be terminated and the applicant will be so notified. (b)(1) When an employee who is in a testing designated position has been tested and determined to have used an illegal drug, the contractor shall immediately remove that employee from the testing designated position; if such employee also holds, or is an applicant for, an access authorization, then the contractor shall immediately notify DOE security officials for appropriate adjudication. If this is the first determination of use of illegal drugs by that employee (for example, the employee has not previously signed a DOE drug certification, and has not previously tested positive for use of illegal drugs), the employee may be offered a reasonable opportunity for rehabilitation, consistent with the contractor's policies. If rehabilitation is offered, the employee will be placed in a non-testing designated position, which does not require a security clearance, provided there is such an acceptable position in which the individual can be placed during rehabilitation; if there is no acceptable non-testing designated position, the employee will be placed on sick, annual, or other leave status, for a reasonable period sufficient to permit rehabilitation. However, the employee will not be protected from disciplinary action which may result from violations of work rules other than a positive test result for illegal drugs. (2) Following a determination by the site occupational medical department, after counseling or rehabilitation, that the employee can safely return to duty, the contractor may offer the employee reinstatement, in the same or a comparable position to the one held prior to the removal, consistent with the contractor's policies and the requirements of 10 CFR part 710. Failure to take the opportunity for rehabilitation, if it has been made available, for the use of illegal drugs, will require significant disciplinary action up t… | ||||
| 10:10:5.0.2.5.3.2.5.11 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.15 Collective bargaining. | DOE | When establishing drug testing programs, contractors who are parties to collective bargaining agreements will negotiate with employee representatives, as appropriate, under labor relations laws or negotiated agreements. Such negotiation, however, cannot change or alter the requirements of this rule because DOE security requirements themselves are non-negotiable under the security provisions of DOE contracts. Employees covered under collective bargaining agreements will not be subject to the provisions of this rule until those agreements have been modified, as necessary; provided, however, that if one year after commencement of negotiation the parties have failed to reach agreement, an impasse will be determined to have been reached and the contractor will unilaterally implement the requirements of this rule. | |||||
| 10:10:5.0.2.5.3.2.5.12 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.16 Records. | DOE | (a) Confirmed positive test results shall be provided to the Medical Review Officer and other contractor and DOE officials with a need to know. Any other disclosure may be made only with the written consent of the individual. (b) Contractors shall maintain maximum confidentiality of records related to illegal drug use, to the extent required by applicable statutes and regulations (including, but not limited to, 42 U.S.C. 290dd-3, 42 U.S.C. 290ee-3, and 42 CFR part 2). If such records are sought from the contractor for criminal investigations, or to resolve a question or concern relating to the Personnel Assurance Program certification or access authorization under 10 CFR part 710, any applicable procedures in statute or regulation for disclosure of such information shall be followed. Moreover, owing to DOE's express environmental, public health and safety, and national security interests, and the need to exercise proper contractor oversight, DOE must be kept fully apprised of all aspects of the contractor's program, including such information as incidents involving reasonable suspicion, occurrences, and confirmed test results, as well as information concerning test results in the aggregate. (c) Unless otherwise approved by DOE, the contractors shall ensure that all laboratory records relating to positive drug test results, including initial test records and chromatographic tracings, shall be retained by the laboratory in such a manner as to allow retrieval of all information pertaining to the individual urine specimens for a minimum period of five years after completion of testing of any given specimen, or longer if so instructed by DOE or by the contractor. In addition, a frozen sample of all positive urine specimens shall be retained by the laboratory for at least six months, or longer if so instructed by DOE. (d) The contractor shall maintain as part of its medical records copies of specimen chain of custody forms. (e) The specimen chain of custody form will contain the following information: (1) Date of … | |||||
| 10:10:5.0.2.5.3.2.5.13 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.17 Permissible actions in the event of contractor noncompliance. | DOE | Actions available to DOE in the event of contractor noncompliance with the provisions of this part or otherwise performing in a manner inconsistent with its approved program include, but are not limited to, suspension or debarment, contract termination, or reduction in fee in accordance with the contract terms. | |||||
| 10:10:5.0.2.5.3.2.5.2 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.6 Employee assistance, education, and training. | DOE | Contractor programs shall include the following or appropriate alternatives: (a) Employee assistance programs emphasizing preventive services, education, short-term counseling, coordination and referral to outside agencies, and follow-up. These services shall be available to all contractor on-site employees involved in the DOE contract. The contractor has no obligation to pay the costs of any individual's counseling, treatment, or rehabilitation beyond those services provided by the contractor's employee assistance program, except as provided for in the contractor's benefits programs. DOE undertakes no obligation to pay for any individual's counseling, rehabilitation, or treatment, unless specifically provided for by contract. (b) Education and training programs for on-site employees on a periodic basis, which will include, at a minimum, the following subjects: (1) For all on-site employees: Health aspects of substance abuse, especially illegal drug use; safety, security, and other workplace-related problems caused by substance abuse, especially illegal drug use; the provisions of this rule; the employer's policy; and available employee assistance services. (2) For managers and supervisors: (i) The subjects listed in paragraph (b)(1) of this section; (ii) Recognition of deteriorating job performance or judgment, or observation of unusual conduct which may be the result of possible illegal drug use; (iii) Responsibility to intervene when there is deterioration in performance, or observed unusual conduct, and to offer alternative courses of action that can assist the employee in returning to satisfactory performance, judgment, or conduct, including seeking help from the employee assistance program; (iv) Appropriate handling and referral of employees with possible substance abuse problems, especially illegal drug use; and (v) Employer policies and practices for giving maximum consideration to the privacy interests of employees and applicants. | |||||
| 10:10:5.0.2.5.3.2.5.3 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.7 Random drug testing requirements and identification of testing designated positions. | DOE | [57 FR 32656, July 22, 1992, as amended at 73 FR 3863, Jan. 23, 2008; 80 FR 5008, Jan. 30, 2015; 87 FR 49978, Aug. 15, 2022] | (a)(1) Each workplace substance abuse program will provide for random testing for evidence of the use of illegal drugs of employees in testing designated positions identified in this section. (2) Programs developed under this part for positions identified in paragraphs (b)(2) and (3) of this section shall provide for random tests at a rate equal to 30 percent of the total number of employees in testing designated positions for each 12-month period. Employees in the positions identified in paragraph (b)(1) of this section and individuals identified in paragraph (c) of this section will be subject to random testing at a rate equal to 100 percent of the total number of employees or individuals, as applicable, identified, and those identified in paragraphs (b)(1) and (c) may be subject to additional drug tests. (b) The testing designated positions subject to random drug testing are: (1) Positions determined to be covered by the Human Reliability Program (HRP), codified at 10 CFR part 712. HRP employees will be subject to the drug testing standards of this part and any additional requirements of the HRP rule. (2) Positions identified by the contractor which entail duties where failure of an employee adequately to discharge his or her position could significantly harm the environment, public health or safety, or national security, such as: (i) Pilots; (ii) Firefighters; (iii) Protective force personnel, exclusive of those covered in paragraph (b)(1) and (c) of this section, in positions involving use of firearms where the duties also require potential contact with, or proximity to, the public at large; (iv) Personnel directly engaged in construction, maintenance, or operation of nuclear reactors; (v) Personnel directly engaged in production, use, storage, transportation, or disposal of hazardous materials sufficient to cause significant harm to the environment or public health and safety; or (vi) All other personnel in positions that require an access authorization (security clearance), other than those ident… | ||||
| 10:10:5.0.2.5.3.2.5.4 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.8 Applicant drug testing. | DOE | An applicant for a testing designated position will be tested for the use of illegal drugs before final selection for employment or assignment to such a position. Provisions of this part do not prohibit contractors from conducting drug testing on applicants for employment in any position. | |||||
| 10:10:5.0.2.5.3.2.5.5 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.9 Drug testing as a result of an occurrence. | DOE | When there is an occurrence which is required to be reported to DOE by the contractor, under contract provisions incorporating applicable DOE Orders, rules, and regulations, it may be necessary to test individuals in testing designated positions, 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 such individuals could have caused or contributed to the conditions which caused the occurrence. For an occurrence requiring immediate notification or reporting as required by applicable DOE Orders, rules, and regulations, the contractor will require testing as soon as possible after the occurrence but within 24 hours of the occurrence, unless DOE determines that it is not feasible to do so. For other occurrences requiring notifications to DOE as required by applicable DOE Orders, rules, and regulations, the contractor may require testing. | |||||
| 10:10:5.0.2.5.3.2.5.6 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.10 Drug testing for reasonable suspicion of illegal drug use. | DOE | [57 FR 32656, July 22, 1992, as amended at 80 FR 5008, Jan. 30, 2015] | (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 and reasonable inferences from those 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 positive test for the use for the use of illegal drugs at some prior time, or has undergone a period of rehabilitation or treatment, will not, in and of itself, be grounds for testing on the basis of reasonable suspicion. (c) The requirements of this part relating to the testing for the use of illegal drugs are not intended to prohibit the contractor from pursuing other existing disciplinary procedures or from requiring medical evaluation of any employee exhibiting aberrant or unusual behavior. | ||||
| 10:10:5.0.2.5.3.2.5.7 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.11 Drugs for which testing is performed. | DOE | Where testing is performed under this part, at a minimum, contractors will be required to test for the use of the following drugs or classes of drugs: marijuana; cocaine; opiates; phencyclidine; and amphetamines. However, when conducting reasonable suspicion or occurrence testing, the contractor may test for any drug listed in Schedules I or II of the Controlled Substances Act. | |||||
| 10:10:5.0.2.5.3.2.5.8 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.12 Specimen collection, handling and laboratory analysis for drug testing. | DOE | [57 FR 32656, July 22, 1992, as amended at 73 FR 3863, Jan. 23, 2008; 80 FR 5008, Jan. 30, 2015] | (a) Procedures for providing urine specimens must allow individual privacy, unless there is reason to believe that a particular individual may alter or substitute the specimen to be provided. Contractors shall utilize a chain of custody procedure for maintaining control and accountability from point of collection to final disposition of specimens, and testing laboratories shall use appropriate cutoff levels in screening specimens to determine whether they are negative or positive for a specific drug, consistent with the HHS Mandatory Guidelines (see § 707.5(a)). The contractor shall ensure that only testing laboratories certified by the Department of Health and Human Services, are utilized. (b)(1) If the individual refuses to cooperate with the urine collection (e.g., refusal to provide a specimen, or to complete paperwork), then the collection site person shall inform the MRO and shall document the non-cooperation on the specimen chain of custody form. The MRO shall report the failure to cooperate to the appropriate management authority, who shall report to DOE if the individual holds an access authorization. Individuals so failing to cooperate shall be treated in all respects as if they had been tested and had been determined to have used an illegal drug. The contractor may apply additional sanctions consistent with its disciplinary policy. (2) The collection site person shall ascertain that there is a sufficient amount of urine to conduct an initial test, a confirmatory test, and a retest, in accordance with the HHS Mandatory Guidelines. If there is not a sufficient amount of urine, additional urine will be collected in a separate container. The individual may be given reasonable amounts of liquid and a reasonable amount of time in which to provide the specimen required. The individual and the collection site person must keep the specimen in view at all times. In the event that the individual fails to provide a sufficient amount of urine, the amount collected will be noted on the “Urine Sample Custody Docume… | ||||
| 10:10:5.0.2.5.3.2.5.9 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.13 Medical review of results of tests for illegal drug use. | DOE | [57 FR 32656, July 22, 1992, as amended at 80 FR 5008, Jan. 30, 2015] | (a) All test results shall be submitted for medical review by the MRO. A confirmed positive test for drugs shall consist of an initial test performed by the immunoassay method, with positive results on that initial test confirmed by another test, performed by the gas chromatography/mass spectrometry method (GC/MS). This procedure is described in the HHS Mandatory Guidelines. (b) The Medical Review Officer will consider the medical history of the employee or applicant, as well as any other relevant biomedical information. When there is a confirmed positive test result, the employee or applicant will be given an opportunity to report to the MRO the use of any prescription or over-the-counter medication. If the MRO determines that there is a legitimate medical explanation for a confirmed positive test result, consistent with legal and non-abusive drug use, the MRO will certify that the test results do not meet the conditions for a determination of use of illegal drugs. If no such certification can be made, the MRO will make a determination of use of illegal drugs. Determinations of use of illegal drugs will be made in accordance with the criteria provided in the Medical Review Officer Manual issued by the Department of Health and Human Services. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);