Government Industry

Regulations, Laws, and More

Testing Designated Positions (TDP)

Certain government jobs, known as Testing Designated Positions (TDP), require mandatory drug testing. These include roles such as:

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  Security clearance holders
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  Law enforcement officers
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  Aviation and transportation workers
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  Rehabilitation providers for drug users

Drug Testing Laws for Government

Many mandates or regulations govern how drug testing is performed for government employees, some of which include:

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  Omnibus Transportation Employee Testing Act (1991) – Mandates drug testing for DOT employees.
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  Executive Order 12564 (1986) – Applies to all federal employees, establishing a federal employee drug testing policy that agencies must follow to maintain a drug-free environment.
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  Drug-Free Workplace 42 Code of Federal Regulations (CFR) 223.5 – Provides guidelines for drug testing for reasonable suspicion or when an employee has had an accident or been involved in an unsafe practice.
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  Fitness-for-duty (FFD) Programs – Prohibits the use of any legal or illegal substance that may cause mental or physical impairment, and requires drug and alcohol testing. Drug testing for Nuclear Regulatory Commission (NRC) employees is regulated by the agency's FFD programs.

Executive Order 12564 applies to all federal employees, but it also requires government agencies to establish their own drug-free workplace policies in coordination with the U.S. Department of Health & Human Services Substance Abuse and Mental Health Services Administration (SAMHSA). As a result, most federal agencies have similar drug testing policies. The bulk of federal agencies test for the same drugs; however, there may be differences in their random drug testing requirements.

Government Background Checks Help Keep the Industry Safer

Government pre-employment screening helps determine if a job candidate is safe for your agency's workplace and the surrounding community. Criminal record red flags, such as a history of violence or drug use, could demonstrate a potential risk to your agency and act as a cause for applicant disqualification — though it is best applicants are disqualified rather than accidentally hired.

To highlight the importance of government background checks, a past investigation into the New York Department of Corrections discovered the city failed to conduct background checks on hundreds of Rikers Island Correctional Facility employees over the course of seven years.

These workers were government-contracted healthcare workers who should have been screened through the NY Department of Corrections protocol. However, an investigation led to the discovery of backlogged fingerprint cards for these workers that were never properly processed, alongside neglected individual background checks.

During this time, one worker was found bringing a razor into the prison. If a background check was conducted, it would have shown he had previous kidnapping charges on his record. A mental health clinician who was also not screened was found to have brought contraband into the prison as well.

Why Occupational Health Screening Matters in Government Workers

Government roles, such as law enforcement, corrections, public health, and federal jobs, often involve higher physical demands and exposure to risks. For instance, transportation incidents ranked as the top reason for fatalities across all sectors in 2023. Falls, slips, trips, and exposure to harmful substances or environments also commonly result in work injuries.

Implementing comprehensive occupational health programs—including fit-for-duty exams, respiratory clearances, TB testing, and immunizations—can help mitigate these risks. Such measures not only ensure compliance with federal safety standards but also promote the well-being and operational readiness of government employees.