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EO 12564Executive OrderReagan · R Quiet signal

Executive Order 12564

Drug-Free Federal Workplace

This executive order mandates a drug-free workplace across the Executive Branch by prohibiting illegal drug use by federal employees on or off duty, requiring agencies to develop testing programs for sensitive positions, establishing voluntary testing, and creating Employee Assistance Programs for rehabilitation. It sets procedures for testing, confidentiality protections, and personnel actions ranging from mandatory counseling to removal for employees who use illegal drugs.

51 FR 32889
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Impact dates

  1. 60-day advance notice to employees before implementing drug testing program

  2. Executive Order effective immediately

Key directives

  • Federal employees must refrain from illegal drug use on or off duty
  • Agency heads must develop drug-free workplace plans with policy statements, Employee Assistance Programs, supervisory training, and drug testing provisions
  • Mandatory drug testing programs for employees in sensitive positions
  • Voluntary drug testing programs for all employees
  • Testing authorized upon reasonable suspicion, accident investigation, or rehabilitation follow-up
  • Applicant drug testing authorized
  • 60-day advance notice required before implementing testing programs
  • Employees to be informed of opportunity to submit medical documentation before testing
  • HHS authorized to promulgate scientific and technical guidelines for drug testing
  • Mandatory referral to Employee Assistance Programs for employees found using illegal drugs
  • Discipline required for employees who refuse rehabilitation or continue drug use
  • Removal from service required for employees who refuse counseling/rehabilitation or relapse

Who is ordered

Timeline

Immediate

  • EO effective immediately upon signing
  • All federal employees prohibited from illegal drug use
  • Agency heads must begin developing drug-free workplace plans

Near term (90d)

  • Agencies must provide 60-day notice before implementing drug testing programs (except ongoing programs)
  • OPM to issue government-wide guidance
  • HHS to develop scientific and technical guidelines for drug testing

Long term

  • Full implementation of agency drug testing programs
  • Establishment of Employee Assistance Programs across agencies
  • Supervisory training programs development
  • Intensive drug awareness campaign throughout federal workforce

Risks & tensions

  • Privacy vs. security tension: Order mandates confidentiality protections but also requires testing and disclosure in sensitive positions
  • Vague 'sensitive position' definition allows broad agency discretion, potentially expanding testing scope beyond stated categories
  • Off-duty conduct regulation raises civil liberties concerns not addressed in text
  • Rehabilitation exemption from discipline creates incentive structure that may encourage self-reporting but could be gamed
  • Intelligence Community carve-out (Section 6(c)) creates parallel implementation track with unclear oversight
  • Exclusion of Postal Service and Judicial/Legislative branches creates coverage gaps in federal drug-free policy
  • Preliminary test results restriction (Section 5(e)) provides procedural protection but confirmation requirement may delay personnel actions
Executive Order 12564: Drug-Free Federal Workplace · Executive Orders