[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR792.105]

[Page 68-69]
 
                    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

[[Page 69]]

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]