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Reporting Substance Abuse: The Department of Defense and Employee Assistance Program Controversy

NCJ Number
134918
Journal
Journal of Security Administration Volume: 14 Issue: 2 Dated: (December 1991) Pages: 55-68
Author(s)
H N Morley
Date Published
1991
Length
14 pages
Annotation
The Drug Free Workplace Act of 1988, which mandates the use of corporate sponsored intervention programs, places the Employee Assistance Programs (EAP) operated at the Department of Defense (DOD) and its contractors in a situation where the personal privacy of the employees is in conflict with potential security threats to the United States.
Abstract
Reporting guidelines set by the Department of Defense require Employee Assistance Programs to report any adverse information on employees holding DOD security clearances, while legislative requirements mandate EAPs to withhold such information under guidelines governing confidentiality of patient information. DOD has thus extended its oversight authority, previously limited to classified environments. The author contends that the issue must be resolved through review of existing law prior to the writing and implementation of new legislation. In addition, organizations should begin an "interactive interpretation" in which both parties focus on a common goal as a determinant of selecting a mutually agreeable solution.