Federal Manager's Daily Report

DHS has responded properly in the relatively few instances of employees testing positive for illegal use of opioids, an IG report has said, while its components have also turned attention to evaluating whether use of prescription opioids hampers performance of duties.

DHS law enforcement personnel such as CBP border patrol agents, ICE special agents, TSA federal air marshals, and Secret Service special agents are in “testing designated positions” in which random drug tests are to be conducted on 10 percent each year, and also are subject to testing if there is a reasonable suspicion that they are using illegal drugs.

It said that over 2015-2018 those four components conducted more than 100,000 tests under the former authority and fewer than 100 under the latter, of which a total of 31 indicated positive for illegal opioid use. In each case, the agency “took disciplinary action consistent with applicable employee standards of conduct and tables of offenses and penalties,” including firing in some cases.

Meanwhile, because of concerns about the potential impact on a person’s judgment and other safety concerns, DHS components have also implemented or are in the process of implementing measures to evaluate the fitness for duty of employees using prescription opioids. “These policies establish consistent standards components can use to ensure they are allowing employees to use legally prescribed opioids, while also ensuring their workforce is capable of effectively performing their duties,” it said.

For example, it said, CBP is updating fitness-for-duty policy to include safety concerns for prescription opioid use and ICE is considering adding safety concerns for prescription opioid use as a reason to conduct a fitness-for-duty evaluation.