[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR792.105]

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                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 792--FEDERAL EMPLOYEES' HEALTH AND COUNSELING PROGRAMS--Table of Contents
 
    Subpart A--Regulatory Requirements for Alcoholism and Drug Abuse 
          Programs and Services for Federal Civilian Employees
 
Sec. 792.105  Agency responsibilities.

    (a) Agencies shall establish and administer programs through which 
practitioners who are knowledgeable in counseling and referral services 
can offer and provide employees who have alcohol and/or drug problems 
short-term counseling and/or referrals for long-term counseling or 
treatment.
    (b) Agencies shall issue internal instructions implementing the 
requirements of 42 U.S.C. 290dd-1(a) and 290ee-1(a) and this regulation.
    (c) Whenever a manager/supervisor becomes aware that a Federal 
employee's use of alcohol and/or drugs may be contributing to a 
performance or conduct deficiency, the manager/supervisor shall 
recommend counseling and refer the employee to the agency counseling 
program. If an employee fails to participate in any rehabilitative 
program or, having participated, the employee fails to bring conduct or 
performance up to satisfactory level, the agency shall evaluate the 
employee accordingly and initiate an appropriate performance-based or 
adverse action.
    (d) As requested, agencies shall annually submit a report to OPM on 
their counseling activities for the past fiscal year at a time, and in a 
manner, set by OPM.

[49 FR 27921, July 9, 1984, as amended at 50 FR 16692, Apr. 29, 1985]

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