| DIGITAL'S DRUG-TESTING PROGRAM
A Letter to Digital Equipment Corporation
It has come to our attention that Digital has agreed to the
Drug-Free Work Force clause in contracts from the
Department of Defense, and that this clause contains
requirements that Digital establish a drug-testing program.
This letter is to express our concerns as employees, make
suggestions, and request information about drug testing and
Digital. The time is premature for stronger action, but we
feel it is not inappropriate to look into and participate
in what is happening now.
None of us are authorized to represent the others or to
impose conditions, although some individuals feel so
strongly about these issues that they would, albeit
reluctantly, seek other employment.
The conditions that the government is imposing on its
contracts with Digital are not compatible with Digital's
values. The relationship between Digital and the
government is a two-way street, and we hold more than a few
high cards in our hand. It is important for Digital's
upper management to tell the government that we stand
consistently behind our corporate values and integrity.
The message to Digital's employees that we trust each other
and do not intend to compromise our values will serve to
reinforce the high morale that underlines the quality of
our work.
This letter is written to represent the combined concerns
of different people. It is a joint letter with a common
cause shared by people with varying interests. So it
should be understood that each signer does not necessarily
agree with every part of the letter but does have a general
commitment to the statements made herein.
Digital's Drug-Testing Program 2
SUMMARY
Opposition to drug testing comes from different motivations
in different people. Some people want to exercise their
own values. Some people just want to be let alone. And
some people find this exercise of power unreasonable.
There are two key points here. A person does not need to
be a drug user or a drug abuser to object to drug testing.
And the common abhorrence of drug testing is an indication
of the extent to which it is an intrusion.
Privacy is invaded by drug testing because it reveals
personal information. Dignity is assaulted because testing
is humiliating. Respect is eliminated because testing
shows a lack of trust.
The disadvantages of drug testing must be examined and made
known. Digital risks lawsuits, loss of valuable employees,
decreased morale, excessive dependence on Defense
contracts, and reduction of future negotiating power with
the government and other parties. There are dangers that
bodily fluids and drug tests can be misused, including
false interpretation, personal motives, and testing for
more than drugs. The risk that this first step will lead
eventually to mandatory testing for all employees must be
evaluated.
The actual threat to Digital represented by drug abuse
should guide Digital's actions more than the external,
political imposition of a repugnant contract clause. Our
relationship with external parties should be to provide
quality products and services. Drug testing is not a good
role for Digital to have, and employee rights and dignity
should not be sold to customers.
If Digital implements a drug-testing program, we ask that
the safeguards recommended herein be considered, such as
assigning only volunteers to assignments requiring drug
testing. But we would prefer the better choice, that
Digital reject drug testing.
Digital's Drug-Testing Program 3
PROCEDURE
Suddenness
The immediate reaction to news that there will be a
drug-testing program is "What's going on here?". Many
employees learned about the possibility of a drug-testing
program which concerns them only after Digital had already
entered into a contract requiring such a program. Our
current knowledge is that Digital has entered into at least
one such contract, with additional contracts on the way.
There is concern that a drug-testing program could affect
all employees, directly or indirectly. The perception is
that this has occurred suddenly, and we need information
about what is happening.
Not only were many employees not notified prior to entering
into a contract that has a potential of affecting them, but
information presented through internal memo or Digital
Video Network is that Digital is now determining what is
necessary to comply with Department of Defense Federal
Acquisition Regulation Supplement (DFARS) Subpart 223.75.
This is confusing, because it would seem proper to
determine the implications of a contract before signing it.
Employee Impact
The creation of a drug-testing program anywhere within
Digital is of interest to employees throughout the company.
Such an event represents a significant change in policy.
It gives us thought about the respect which will be given
to employees, and we are concerned about what requirements
Digital feels free to place on its employees in the future.
And of course there is the concern that a drug-testing
program will, now or in the future, be applied to all
employees.
The lack of employee involvement in the decision is
disturbing. Digital is attempting to add to the
requirements of the jobs of some employees. Surely
employment involves two parties, and both parties should
consent to a change in the relationship. Matters of
privacy and dignity are among the many discussed below;
drug testing is a serious matter. On a matter of such
importance, it is discourteous not to ask "Would you mind?"
or even to solicit opinions. Instead, we are concerned
that Digital is making decisions about its employees
without giving those employees the consideration that they
deserve as human beings and as parties to the employment
relationship.
Digital's Drug-Testing Program 4
Information
Announcement of Digital's agreement to a drug-testing
requirement came as a surprise to many, and it came after
the fact. Even since that announcement, there has been
little news. We have been told that Digital is making
decisions about the implications of the DFARS requirement,
but we do not know what employee involvement or
consideration there is in this process. We would like to
know what is happening. We believe that employees have a
role here, and that they should take part in deciding what
will happen to themselves.
To this end, we seek information as quickly as possible.
One common speculation is about the scope of the program,
both immediate and in the long term. Are employees outside
individual contracting units affected? Are employees
outside the United States affected? If these employees are
not affected now, might Digital include them in the future?
Answers to these questions, Digital's interpretation of the
DFARS clause, and comments about the issues expressed
throughout this document are desired.
Corporate Impact
The DFARS drug-testing requirement places obligations upon
Digital, and, like all things in this world, these
obligations will have a cost. In addition, agreeing to
drug testing has implications about the character of the
corporation. The agreement is not only a change in
Digital's personnel relations; it has implications about
retaining control in the face of pressures from external
parties. These are discussed in detail below, but the
magnitude of this change raises questions about the way in
which it was made. To what extent does agreement to the
DFARS requirement represent corporate policy? The
precedent that has been set here is suitable matter for the
highest level of the corporation. Has policy been set on
that level?
Current Action
Decisions about Digital's drug-testing program are being
made now. There are factors that need to be considered in
these decisions. The actual meaning of the DFARS clause
needs to be resolved. For example, it states that
"commercial or commercial-type" products are excluded. To
what extent does this apply to Digital products? Will
Digital consider appropriate alternatives as permitted by
the clause? We would like to know what Digital is doing
now.
Digital's Drug-Testing Program 5
Digital has in the past rejected doing business where the
customer required as a condition contractual clauses which
were repugnant to the dignity of the employee as a person.
The decision to accept the DFARS clause is a change in
previous policy. What made the Defense clause different?
We seek to understand the motivations that have changed our
employer.
Digital is a very special place to work, and the principal
reason for this is a corporate philosophy of respecting the
integrity and dignity of its employees. Our concern is
that these corporate values should be consistently
championed from the highest levels of Digital.
Digital's Drug-Testing Program 6
SUGGESTIONS
In general, we seek Digital's help in dealing with this
intrusion on our persons. We can express our opposition to
our representatives in Congress, but we have no
representatives in the Department of Defense. This change
in our lives comes not through the normal political process
of law-making, but through a separate agency which seeks to
act through our employer. We realize this places Digital
in an undeserved position, but if Digital yields the
circumvention of the normal process will have succeeded.
Thus, we request Digital oppose intrusion on the privacy
and dignity of its employees.
Rejection
We naturally would prefer that Digital not sign contracts
containing repugnant clauses, and we suggest that this be
done when it is possible to negotiate a contract without
such a clause or when it is possible to make the hard
decision to reject the business. For reasons given
throughout this document, that decision can be the proper
one because of the benefits it provides. Digital could
also seek to repeal or modify the Defense Department rule
requiring the offending clause. Certainly Digital is not
the only company affected by this rule. Perhaps other
companies with shared interests could jointly express the
concerns of this matter to the government. This is a
desirable course of action in any event, because this
clause places obligations on Digital which will exact a
cost, and the government should not be permitted to believe
that it may take action freely. All members of this
society, persons and corporations, need to seek to regulate
their government. It is necessary that neither Digital nor
its employees remain silent.
Objection to the Department of Defense requirements could
also be shown by submitting two bids for each contract, one
including the cost for the Drug-Free Work Force clause and
one not. In this way, we can show the undesirability of
the clause.
It is also important to recognize the possibility that
acceptance of the DFARS clause will lend support to others
seeking to request similar conditions of Digital. Such a
trend should be controlled before it can start. We suggest
that strict policy on this matter be set as soon as
possible.
Digital's Drug-Testing Program 7
Nullification Through Local Law
When Digital does make the unfortunate choice to accept an
undesirable clause, we suggest that the clause be mitigated
to whatever degree possible. For example, DFARS Subpart
223.75 is nullified when inconsistent with state or local
law. Employees would be grateful to Digital for showing
support for legislation protecting the privacy and dignity
of human beings.
Mitigation
In those places where local law does not protect the
employee, Digital can seek to make a drug-testing program
as respectful as possible. To the extent possible, testing
should be voluntary and non-intrusive. Possibly a signed
agreement by the employee not to use drugs will satisfy the
DFARS clause.
The DFARS clause encourages the implementation of
alternative approaches. The stated objectives of the
clause include the control of costs, delay, and risks of
lessened productivity and reliability and greater
absenteeism. We submit that an effective way to meet these
objectives is to directly measure or observe productivity,
reliability, and absenteeism. When problems in these areas
are detected, they should be corrected, even if drug abuse
is not the cause, so this approach is beneficial without
being objectionable to many people. When there is a
problem, Digital should focus on the performance issue, as
has been policy in the past.
Employee Autonomy
It is desirable that a person retain control of their own
body. For this purpose, it is desirable that assignment to
a job affected by drug-testing requirements be voluntary,
and that non-prejudicial reassignment to another position
be available when requested. Employees should be given
information about a drug-testing program so that they may
make their own choices. A person should be permitted to
refuse to submit to actions they find offensive, and such
refusal should be possible without fear of undue
repercussions.
Implementation
The greatest impact of a drug-testing program falls on the
employees. It is important that employees should
participate in the design and execution of any such
program. This gives employees the means to ensure a
program will not be more extensive than necessary, to
verify that it is not abused or misused, and to retain some
measure of control over their lives.
Digital's Drug-Testing Program 8
The DFARS clause suggests testing of employees in positions
of trust and confidence, and the positions accorded the
most trust and confidence are those of upper management.
Applying a drug-testing program uniformly has the
advantages of showing, at least nominally, that the program
is not an exercise of power and control over employees. If
a program were to be applied discriminately, it would be a
slur to those who are tested, a statement that they are
pawns and are not worthy of respect, dignity, or trust.
Digital's Drug-Testing Program 9
DRUG TEST PROBLEMS
Testing a Symptom
Chemical drug tests do not measure impairment. They
measure such things as chemical concentrations. One
failing of these tests is that such chemical concentrations
can be caused by things other than use or abuse of illegal
substances. But even if chemical tests could precisely
identify past use or abuse of illegal substances, the tests
do not measure impairment. The ability of a person to do a
job is dependent on alertness, motor skills, and
punctuality.
Substances are outlawed for political reasons. These
reasons are occasionally based on science, but the process
is political, and so the result is basically political.
Illegal substances are not necessarily outlawed because
they will produce impairment that will affect Digital.
When substances do produce impairment, such impairment does
not necessarily continue until the time when a person
reports for work. Exposure to controlled substances may
occur under circumstances in which the exposed person is
not acting illegally. These include inadvertent exposure,
exposure outside of the jurisdiction of the United States,
and prescription or other lawful use. Chemical tests
report none of this.
Many people who oppose chemical tests would be agreeable to
tests that actually measured impairment. We agree that
Digital is paying for services rendered, and so Digital has
a valid interest in seeing those services performed
effectively and correctly. But when chemical tests are
used, Digital measures something other than impairment;
Digital measures something in which the company has no
legitimate interest. That is an invasion of privacy.
Misuse
Drug tests are prone to misuse. When a person gives a
sample of their bodily fluids, they lose control of
personal information. This is an act of trust, but trust
is not appropriate in this situation because it has been
abused before. The January/February 1989 issue of the
Colorado American Civil Liberties Union (ACLU) newsletter
reports that the District of Columbia police department
used the urine samples to test for pregnancy, and
promotions or job offers were delayed if a person tested
positive.
A human being is well advised to fear what will happen out
of their sight. Urine samples could also be used to look
for legal drugs such as anti-depressants or for diseases.
Digital asks for an enormous amount of faith when it asks
for a sample of a person's body.
Digital's Drug-Testing Program 10
Third Parties
Many employees will extend trust that Digital will not
misuse chemical tests, particularly if there is employee
review of the process. But this trust cannot extend to
strangers. Digital is likely to contract drug-testing work
to separate companies. Employees then need assurances that
those companies are trustworthy.
In addition to direct threats to privacy, there is the
possibility that personal information about people will be
used for statistical purposes. Removing individual
identification from personal information and using it in
statistical or other scientific studies is often considered
objective and not an invasion of privacy. But errors in
the removal of individual identification can leave the test
subjects vulnerable. For example, a database might not
give an individual name, but it might accidentally give an
inquirer the test results of females aged 30 to 35 in cost
center 123, a description which could correspond to exactly
one person who could be identified by name. Even if
individual identification is not possible, statistical
information can also be abused by reference to groups small
enough to cast aspersions on individuals and by
misinterpretation which can adversely affect groups of
people. Regardless of the purpose or circumstance,
information about a person gathered from their bodily
fluids should be regarded as their property and not made
available to any person for any use other than that for
which it was collected.
There is a yet more potent threat. The ACLU newsletter
reports that the United States Attorney's office subpoenaed
the University of Florida for results of drug tests given
to students. The circumvention of the normal processes of
government comes full circle; although the government
cannot test a person without probable cause, it has found a
way to cause a person to be tested and then to take the
results. This heinous disregard for human privacy, rights,
and dignity must be opposed. This eliminates the matter of
trust; even when we trust Digital not to misuse test
results, the company clearly has no power to make such a
guarantee for third parties.
False Positives
Drug tests are not accurate. Inaccuracies exist because
what is measured is not the presence of the controlled
substance itself and because the measurement itself is
prone to error.
Digital's Drug-Testing Program 11
Because of the difficulties of measuring the concentration
of some substances, chemical tests search for consequences
of drug use, such as metabolites, instead of the actual
illegal substances. But some legal drugs, foods, and
natural body functions produce metabolites which are the
same as those produced by illegal substances or which are
so similar as to be indistinguishable. It is impossible
for any test for metabolites to eliminate this source of
error. Certainly no employee should be compelled to reveal
what legal drugs they are using; this would carry the
invasion of privacy even further.
The techniques of measurement are also prone to error.
Temperature, acidity, and other elements of the test
conditions must be carefully controlled. In professional
laboratories, test results will vary from batch to batch
and from laboratory to laboratory. Mass-produced test kits
are less accurate.
Tests for which the accuracy is questionable are not
appropriate evidence on which to base determination of a
person's guilt or to make grave administrative judgements.
Digital's Drug-Testing Program 12
HUMAN DIGNITY
Employees are human beings deserving of dignity, respect,
and basic human rights. Acceptance of the DFARS clause
raises the concern that Digital will sell our rights to the
government.
Privacy
Privacy is an important aspect of human rights. Some
amount of privacy is a psychological need. There is
controversy about what substances should and should not be
illegal and to what extent use is abuse. But these are not
issues to be decided within Digital and certainly not by
the Department of Defense. While the DFARS clause overtly
expresses opinions about drug use, it is also a matter of
privacy. The DFARS clause assaults the privacy of all
employees, whether or not they are using drugs.
It is obvious that drug tests strip away the privacy of
those who test positive because the person has taken an
illegal substance. But drug tests reveal more than use of
illegal substances, so information about the private lives
of law-abiding citizens is threatened. Even if tests only
revealed use of illegal substances, the forceful
examination of even a person who does not use illegal
substances is still an intrusion into their private life.
People simply do not want strangers interfering with them.
Respect
The DFARS clause contains a contradiction. The DFARS
clause requires employees in positions of trust and
confidence to be tested. But requiring a person to submit
to a drug test is a clear statement that they are not
trusted. It is an act of disrespect.
Repugnance
The DFARS clause does not describe the physical acts it may
require. What is involved is at best an indignity and at
worst humiliation. Digital would be asking employees to
provide a sample of their normally taboo body fluids to a
faceless corporation for impersonal processing. To keep
control, some drug-testing programs involve observation of
the act. This humiliation more than exceeds the latitude
that an employer should have in making requests of their
employees, let alone requiring. And even supervision
without observation is repugnant.
Digital's Drug-Testing Program 13
Compensation
If a drug-testing program is implemented, this is a new
addition to the job requirements of some employees. But
nothing is heard about consideration for the employees'
reduction of freedom. The drug-testing program represents
a hazard to future employment, including hazard to those
who will refuse to give up their privacy and to those who
receive positive test results, whether falsely or
otherwise. If the corporation does not recognize the human
values described above, at least recognize that additional
job requirements and hazards correspond to some economic
value. Just as Digital should not let the government
freely impose new contract clauses, employees should not
let Digital freely impose new conditions, both for the
disdain and inconvenience of the conditions and for the
limitation of future conditions.
Digital's Drug-Testing Program 14
EMPLOYEE RIGHTS
All employees are human, and so those who accept a
drug-testing program should be accorded rights necessary to
preserve justice. These include the rights described here.
Any person subject to a drug test should be informed of the
reasons for the test. Probable cause is the only normal
grounds for such an invasion of privacy, if indeed there
are ever grounds. In such a case, the person should be
informed of the evidence and testimony against them, and
the person should have the opportunity to explain the
evidence, confront the witnesses, and otherwise rebut the
case.
Some employees may agree to scheduled or random testing.
The use of schedules or random testing requires monitoring
to prevent accidental or deliberate abuse which might
unfairly target some persons or invade privacy. The
subjects of such tests should take part in the monitoring.
Testing on other grounds less than probable cause, such as
mere suspicion or a supervisor's discretion, is highly
subject to abuse and should never be condoned. Anonymous
or confidential reports should not be accepted as cause.
Whenever a sample of a person's body, wastes, or other
personal material is taken, including urine, blood, and
hair, the person has a right to be given portions to
provide to testers of their own selection and to retain for
future resolution. Provision should be made for sealing
such samples and transmitting them in the manner necessary
to preserve their status as legal evidence. Proper regard
shall be given to alternate test results when made by
competent testers.
It should be recognized that errors can occur because of
use of legal substances, natural body variations, and other
items that would cause independent tests to falsely report
a positive result. Because of this, a tested person has
the right to explain test results, to take additional
tests, to have the tests made by the most accurate methods
available, and to contest results.
All test results should be kept in the strictest secrecy.
Test results should not be available to any party other
than those immediately involved. Excluded parties include
the subject's family, physician, and insurer; Personnel
employees; and supervisors and others in the management
chain. Digital should establish controls for handling
sensitive information and make those controls known and
verifiable to employees.
Digital's Drug-Testing Program 15
When test results are found to be in error or unrelated to
Digital concerns, they should be destroyed at the
employee's request. Employees should be informed of their
right to have irrelevant, outdated, or erroneous records
destroyed.
These rights should extend to other personal information,
such as reports of suspected substance abuse, comments by
supervisors, and administrative actions. Whatever
information is collected about a person should be held
confidential, accessible only to those with absolute need.
For example, a report of suspected abuse should be made
available to no persons other than the charged person and
the person with the duty to decide whether or not it is
appropriate to administer a test. It is not necessary to
make such a report available to the employee's supervisor.
One consequence of failure to maintain such confidence
would be the prejudicing of a supervisor against an
employee based on an unsupported or malicious report.
If any action is taken against an employee, including
suspension, transfer, or denial of assignment, such penalty
should be rescinded when results are properly explained,
when shown to be erroneous or unacceptable, or when the
problem indicated by the test results is corrected. These
actions and other aspects of administration of a
drug-testing program should be subject to processes of
review, appeal, and resolution of grievances.
Digital's Drug-Testing Program 16
EMPLOYEE INFORMATION
Information About the Drug-Testing Program
Employees should be informed in advance that they are
subject to a drug-testing program. This information is
needed to make decisions about whether or not to accept the
intrusion into their privacy and possible consequences.
Information should be included about who might be tested,
circumstances under which tests will be required or
requested, who will determine what employees will be
tested, how that determination will be made, and what
choices the employee has before, during, and after the
testing.
Information About Legal Rights
Persons who are subject to a drug-testing program, whether
or not they have yet been required or requested to submit
to testing, should be informed of their rights under
applicable laws. In some jurisdictions, employees will
have a right to refuse to take a test. When that is the
case, the employee should be informed of that right -- no
person should be compelled to take a test with the mistaken
belief that they are required to submit. All other rights
should be made known to the employee, such as rights to
contest or explain results.
Information About the Tests
Any person to be tested should be permitted to understand
the nature of the tests they are to undergo. Each such
person should therefore be provided with a list of the
tests to be made, including what method of testing will be
used, what the tests detect, how accurate the tests are,
what parties will be performing the tests or handling the
samples, what can cause inaccuracies in the test results,
and what challenges to the tests have been made in the past
or exist now. This information should be complete to the
extent that the person can locate confirming material. For
example, in telling a person about the accuracy of a test,
the person should be given information sufficient for them
to retrieve copies of studies which established that
accuracy.
In particular, each person who is asked to submit to a test
should be informed of what the tests can detect, even if
the things that can be detected are not the purpose of
performing the test. That is, the subject should be made
aware of everything that can be revealed by the test,
including use of legal substances, pregnancy, and illness.
This information should be provided sufficiently far in
advance of testing for it to be given full consideration.
Digital's Drug-Testing Program 17
Information About Results and Administration
To maintain the integrity of a system of information, it is
necessary that people have access to information about
themselves. Any person who has been tested should be
informed in detail of the results. For example, if tests
measure a concentration, that information should be
reported in full and not reduced to a positive or negative
report. Data necessary to interpret such information
should also be provided, such as typical concentrations,
normal variations thereof, and values that would be
abnormal.
When any information is collected or created about a
person, it should be made known to that person so that it
can be checked for accuracy and relevance. This should
include reports of suspicion, decisions made about an
employee, or any administrative action.
Digital's Drug-Testing Program 18
POLITICAL AND LEGAL CONCERNS
External Influences on Digital
Turning down a contract containing an unacceptable clause
is a loss of revenue. But it is also an investment,
because it strengthens Digital's negotiating stand, deters
such clauses in the future, and protects Digital from
growing into a situation where it is overly dependent on a
single source of revenue.
The government has learned some new things. The Department
of Defense has learned it can have its way with Digital.
The politicians have learned they can implement a social
agenda through means that sidestep the normal
Constitutional and other legal safeguards. These will not
be forgotten. Drugs are out of style, at least on the
front pages of our newspapers and the lead stories of our
television news. But drugs are by no means the only social
issue, of today or tomorrow. People with other goals now
have a new method to use to achieve their ends.
The Defense Department has opened the way for others.
Representatives will find it convenient to add an amendment
to a bill which will add a clause to one contract or
another. Other government agencies will establish their
own rules. And Digital has already received requests from
private companies to submit Digital employees to drug
testing. There is a lot of potential for pressure from
many directions. A strong and decisive policy is needed to
control that pressure.
Checks and Balances
Our government was designed with specific protections.
Different powers of the government were given to different
branches. The rights of citizens to due process and
freedom from search and seizure and other rights were
recognized by the Constitution to protect citizens from all
branches of government. In other words, some powers were
given to the various branches of government but some powers
were not given to the government at all.
In the DFARS clause, the Department of Defense seeks to
subject some people to intrusive searches. There is a
significant danger here of presuming people guilty unless
they can prove their innocence. Certainly it can be argued
(not necessarily correctly) that the Department of Defense
is acting within the law. But due process and freedom from
search are more than a matter of law. These rights were
written into the law because they are valuable. These
rights produce desirable results, and so we should hold on
to them for the benefit of those results, rather than a
legal basis.
Digital's Drug-Testing Program 19
There are several checks and balances we are losing here.
The Department of Defense made this regulation. But
Congress is our legislative body. We need to oppose this
transfer of power so that we can retain control of our
government.
Administering tests is a search of a very private kind.
Privacy is valued for reasons given elsewhere, but privacy
should also be maintained as a limit on government power.
We need to say to the government that it can control people
thus far, and no farther.
There is also risk here to the principles of due process
and presumption of innocence. This sidestepping of the
normal governing procedures also sidesteps the normal
reviews and controls of government, including court review
to a great extent. Proper procedures in matters of
accusation and determination of guilt are valuable because
they guard a system from unintentional degeneration and
deliberate or accidental misuse. We protect the rights of
the innocent by protecting the rights of all, and we
presume people to be innocent until proven guilty because
the danger of punishing innocent people must be balanced
with the desire to punish the guilty.
A drug-testing program operated by a private company
threatens these rights. Consider also that Digital is a
part of our society, and Digital is therefore subject to
government control just as much and individuals are. The
rights that are valuable to individuals are also valuable
to Digital. It is in Digital's interest to seek to limit
the government's control over our society.
Digital's Direct Concern
Newspaper and television reports about drugs have
increased. But an increase in stories is not the same as
an increase in problems. Has the use or abuse of illegal
substances posed a problem to Digital? To what extent is
product quality and cost affected? These are the points
which affect Digital directly, the points that have to do
with the working of the company. They are internal, and
they are a part of the process of running the company.
The influences we are experiencing now are external. To
some extent, they are unreal -- things which could be
eliminated without affecting the company's ability to
design, manufacture, and sell products. When decisions are
made about a drug-testing program, the extent to which
drugs have really presented a problem should be considered.
The extent to which drugs are in the media should be
resisted. The actual threat to Digital represented by drug
abuse should guide Digital's actions more than the
external, political imposition of a repugnant contract
clause.
Digital's Drug-Testing Program 20
If there are real problems with drugs, these should be made
known to people. Flashy ads on television increase
cynicism. An intelligent person knows that a picture of an
egg on a frying pan does not give them information about
drugs, and that even if the picture were an accurate
analogy for some drug, it could not be accurate for all
drugs. People also know that scientific-sounding opinions
can be bantered back and forth endlessly. What is needed
is the truth. If Digital will have a drug awareness
program, then make people aware of actual problems which
have caused Digital actual damage. Show the truth and let
it speak for itself.
Law
The ACLU newsletter also reports a person in California was
awarded $425,000 in a suit against a company which fired
her for refusing to submit to a drug test, and there was a
similar award in Massachusetts. We congratulate those
states that enact laws to protect privacy and those courts
that recognize and protect the right. Digital obviously
needs to consider these protections when designing a
drug-testing program.
Digital's Drug-Testing Program
We are concerned about a drug-testing program and ask
Digital to consider the concerns, suggestions, and requests
expressed in this letter.
Printed Name Signature
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
THIS MESSAGE IS FROM HARVEY WEISS, V.P., GOVERNMENT SYSTEMS
GROUP, AND ERLINE BELTON, CORPORATE EMPLOYEE RELATIONS MANAGER.
Managers should make further distribution as appropriate and
discuss its contents with affected employees.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The Department of Defense (DoD) is now requiring a new
clause, DFARS 252.223-7500, "Drug-Free Work Force'" be
added to contracts involving access to classified
information. This clause may also be included in
unclassified contracts where the DoD contracting officer
determines that the clause is necessary.
Digital Equipment Corporation is now accepting contracts
containing this new DoD clause. Specifically, Digital has
accepted the inclusion of the Drug-Free Work Force clause
on certain work orders on WR-ALC BOA #F09650-85-G-0001.
Employees and managers assigned to a work order from this
contract should understand that the clause may affect each
individual assigned and will affect their employer, Digital
Equipment Corporation.
The Drug-Free Work Force clause requires Digital Equipment
Corporation to institute and maintain a program for
achieving a drug-free work force. Digital has begun work
on this program which when completed is expected to
include, among other features, an employee assistance
program (EAP), supervisory training, provisions for
referral and provisions for identifying illegal drug users.
Identifying drug users is expected to require drug testing
on a controlled and carefully monitored basis. It is also
expected that Digital's work rules regarding drug use will
be modified.
Digital is several months away from a final position on the
extent to which testing will be a required part of the drug
program under the regulation. The extent of drug testing
to be conducted will be determined by a number of factors,
including the nature of the work an employee performs under
a specific contract, the resources Digital assigns to the
drug program required by the regulation and the risks to
public health, safety and national security that could
result from the failure of a Digital employee to adequately
perform on a contract covered by the clause.
Your employees are now being assigned to or are supporting
a contract that contains the new DoD Drug-Free Work Force
clause. Therefore, employees currently in these positions
will be subject to the DoD guidelines in the clause at some
point in the future. It is important that Digital make
clear to these employees some of the management
considerations on drug testing that Digital has established
as we begin the design of the drug program required under
the regulation:
o Digital will only accept the DoD drug clause when
required by the regulation.
o Before implementing testing as an integral part of a
drug program, Digital senior management will
carefully consider all appropriate issues and will
put in place a quality program consistent with
Digital's values.
o When Digital initiates drug testing as a part of its
drug program required by the DoD clause, prior to the
introduction of testing employees will be notified of
the details of the testing and the implications of
the requirement.
In closing, we wish to emphasize that the contract to which
some of your employees are being assigned does contain the
new DoD Drug-Free Work Force clause and that this clause
has the potential to subject certain positions to drug
testing. When this possibility becomes a reality, affected
employees will be notified prior to initiation of testing.
We will also keep all employees informed in personnel
bulletins as the development of the drug program required
by the DoD clause proceeds.
Should your employees have any further questions on the new
DoD Drug-Free Work Force clause we encourage them to
discuss with their respective manager or contact Fred
Beckette, FSG Human Resources Manager, DTN 297-4818.
Harvey
Drug-Free Work Force (Sep 1988)
(a) Definitions. "Illegal drugs," as used in this clause,
means controlled substances included in Schedule I and II,
as defined by section 802(6) of Title 21 of the United
States Code, the possession of which is unlawful under
Chapter 13 of that Title. The term "illegal drugs" does
not mean the use of a controlled substance pursuant to a
valid prescription or other uses authorized by law.
"Employee in a sensitive position," as used in this clause,
means an employee who has been granted access to classified
information; or employees in other positions that the
contractor determines involve national security, health or
safety, or functions other than the foregoing requiring a
high degree of trust and confidence.
(b) The Contractor agrees to institute and maintain a
program for achieving the objective of a drug-free work
force. While this clause defines criteria for such a
program, Contractors are encouraged to implement
alternative approaches comparable to the criteria in
paragraph (c) below that are designed to achieve the
objectives of this clause.
(c) Contractor programs shall include the following, or
appropriate alternatives:
(1) Employee assistance programs emphasizing high
level direction, education, counseling,
rehabilitation, and coordination with available
community resources;
(2) Supervisory training to assist in identifying and
addressing illegal drug use by Contractor employees;
(3) Provision for self-referrals as well as
supervisory referrals to treatment with maximum
respect for individual confidentiality consistent
with safety and security issues;
(4) Provision for identifying illegal drug users,
including testing on a controlled and carefully
monitored basis. Employee drug testing programs
shall be established taking account of the following:
(i) The Contractor shall establish a program
that provides for testing for the use of
illegal drugs by employees in sensitive
positions. The extent of and criteria for such
testing shall be determined by the Contractor
based on considerations that include the nature
of the work being performed under the contract,
the employee's duties, the efficient use of
Contractor resources, and the risks to public
health, safety, national security [sic] that
could result from the failure of an employee
adequately to discharge his or her position.
(ii) In addition, the Contractor may establish
a program for employee drug testing --
(A) When there is reasonable suspicion
that an employee uses illegal drugs; or
(B) When an employee has been involved in
an accident or unsafe practice;
(C) As part of or as a follow-up to
counseling or rehabilitation for illegal
drug use;
(D) As part of a voluntary employee drug
testing program.
(iii) The Contractor may establish a program to
test applicants for employment for illegal drug
use.
(iv) For the purpose of administering this
clause, testing for illegal drugs may be
limited to those substances for which testing
is prescribed by section 2.1 of Subpart B of
the "Mandatory Guidelines for Federal Workplace
Drug Testing Programs," (53 FR 11980 (April 11,
1988)), issued by the Department of Health and
Human Services.
(d) Contractors shall adopt appropriate personnel
procedures to deal with employees who are found to be using
drugs illegally. Contracts shall not allow any employee to
remain on duty or perform in a sensitive position who is
found to use illegal drugs until such time as the
contractor, in accordance with procedures established by
the contractor, determines that the employee may perform in
such a position.
(e) The provisions of this clause pertaining to drug
testing programs shall not apply to the extent they are
inconsistent with state or local law, or with an existing
collective bargaining agreement; provided that with respect
to the latter, the Contractor agrees that those issues that
are in conflict will be a subject of negotiation at the
next collective bargaining session.
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