6.800.3. IRS Employee Assistance Program and Work-Life Referral Services

(1) Federal agencies have the authority to establish health services for the promotion and maintenance of the physical and mental fitness of employees in the federal government. The EAP and WLRS are covered under this authority.

(2) The IRS recognizes the importance of its employees and realizes employees may experience a wide range of issues impacting their work-life balance, families, health and wellness or job performance. The EAP is voluntary. Employees may freely use the EAP for access to resources and tools, confidential counseling, health coaches and legal and financial services.

(3) This IRM provides policy and guidance on the EAP and WLRS including available services, administrative leave and other leave for counseling and services, privacy, records and confidentiality, disclosure, referrals to EAP, residential and community resources and the relationship with the IRS Drug Free Workplace Program (DFWP).

1. The EAP is a formal, non-disciplinary program designed to assist clients with a variety of issues, e.g., mental, emotional, familial, financial and legal issues as well as drug and alcohol abuse that may adversely affect both their job performance and personal life. Assistance is provided through consultation, evaluation, counseling and/or referral to community resources and treatment facilities.

2. WLRS are available to help clients find solutions to the daily challenges of personal, work and family issues. They may use work-life concierge services to answer questions on finding child care, housing or legal guidance and managing financial stressors or elder care concerns.

(1) Laws: United States Code (USC) at https://www.govinfo.gov/app/collection/uscode.

1. Title 5, Part I, Chapter 5, Subchapter II, Section 552a, Records maintained on individuals at https://www.govinfo.gov/content/pkg/USCODE-2021-title5/pdf/USCODE-2021-title5-partI-chap5-subchapII-sec552a.pdf.

2. Title 5, Part III, Subpart F, Chapter 73, Subchapter VI, Drug Abuse, Alcohol Abuse, and Alcoholism at https://www.govinfo.gov/content/pkg/USCODE-2021-title5/pdf/USCODE-2021-title5-partIII-subpartF-chap73-subchapVI.pdf.

3. Title 5, Part III, Subpart F, Chapter 79, Section 7901, Health service programs at https://www.govinfo.gov/content/pkg/USCODE-2021-title5/pdf/USCODE-2021-title5-partIII-subpartF-chap79-sec7901.pdf.

4. Title 5, Part III, Subpart F, Chapter 79, Section 7904, Employee assistance programs relating to drug abuse and alcohol abuse at https://www.govinfo.gov/content/pkg/USCODE-2021-title5/pdf/USCODE-2021-title5-partIII-subpartF-chap79-sec7904.pdf.

5. Title 21, Chapter 16, Drug Abuse Prevention, Treatment, and Rehabilitation at: https://www.govinfo.gov/content/pkg/USCODE-2021-title21/pdf/USCODE-2021-title21-chap16.pdf.

6. Title 42, Chapter 6A, Subchapter III-A, Part D, Section 290dd-1, Admission of substance abusers to private and public hospitals and outpatient facilities at https://www.govinfo.gov/content/pkg/USCODE-2021-title42/pdf/USCODE-2021-title42-chap6A-subchapIII-A-partD-sec290dd-1.pdf.

7. Title 42, Chapter 6A, Subchapter III-A, Part D, Section 290ee-1, First responder training at https://www.govinfo.gov/content/pkg/USCODE-2021-title42/pdf/USCODE-2021-title42-chap6A-subchapIII-A-partD-sec290ee-1.pdf, provides authority for substance abuse programs.

(2) Public Laws at https://www.congress.gov/public-laws.

1. Public Law 96-180, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1979 at https://www.congress.gov/96/statute/STATUTE-93/STATUTE-93-Pg1301.pdf and

2. Public Law 104-191, Health Insurance Portability and Accountability Act of 1996 at https://www.govinfo.gov/content/pkg/PLAW-104publ191/pdf/PLAW-104publ191.pdf.

(3) Executive Order: 12564, Drug-Free Federal Workplace at https://www.archives.gov/federal-register/codification/executive-order/12564.html, requires agencies to establish drug-free federal workplace programs, including an EAP as an essential element in achieving a drug-free workplace.

(4) Regulations at https://www.govinfo.gov/app/collection/cfr.

1. Title 5, Code of Federal Regulations (CFR), Chapter 1, Subchapter B, Part 792, Subpart A-Alcoholism and Drug Abuse Programs and Services for Federal Civilian Employees, at https://www.govinfo.gov/content/pkg/CFR-2022-title5-vol2/pdf/CFR-2022-title5-vol2-part792-subpartA.pdf.

2. Title 42, CFR, Chapter 1, Subchapter A, Part 2-Confidentiality of Substance Use Disorder Patient Records at https://www.govinfo.gov/content/pkg/CFR-2021-title42-vol1/pdf/CFR-2021-title42-vol1-part2.pdf.

(5) The Office of Personnel Management and Department of Health and Human Services Handbook: The Employee Health Services Handbook’s Chapter on Administering Employee Assistance Programs at https://www.opm.gov/policy-data-oversight/worklife/reference-materials/employee-health-services-handbook/#url=Introduction.

(6) Treasury Human Capital Issuance System (HCIS):

1. TN-12-003, Treasury Drug-Free Federal Workplace Program at https://my.treas.gov/Collab/dashr/supportdocs/792%20TN-12-003%20Treasury%20Drug-Free%20Federal%20Workplace%20Program.pdf.

2. TN-18-003, Enhancing Workplace Flexibilities and Work-Life Programs at https://my.treas.gov/Collab/dashr/supportdocs/Enhancing%20Workplace%20Flexibilities%20and%20WorkLife%20Programs-Final%204-6-18.pdf.

(1) The IRS Human Capital Officer is the executive responsible for this IRM and overall Servicewide policy for work-life and wellness programs.

(2) The HCO, OHRS, P&A (policy office) is responsible for updating, maintaining and publishing content for this IRM.

(3) The HCO, OHRO, HRSS, Work-Life and Leave Sharing Office (program office) is responsible for the operation and administration of Servicewide work-life and wellness programs, including the EAP and WLRS. They deploy materials to increase Servicewide understanding of the EAP and WLRS and they collaborate with stakeholders to support education and outreach activities. In addition, the program office is responsible for:

1. Monitoring daily operations of the EAP,

2. Analyzing reports received from the external EAP service provider,

3. Executing the EAP contract and collaborating with the contracting office representative, ensuring compliance, and

4. Collaborating with management and the program office to promote wellness initiatives.

(4) The HCO, OHRO, Labor/Employee Relations and Negotiations (LERN) provides guidance and representation to managers in areas such as grievances, discipline, adverse and performance cases, and contractual obligations with the National Treasury Employees Union (NTEU). They assist managers with the complex challenges of balancing employees’ needs for flexibility in their work lives with the IRS’s need to accomplish its mission.

(1) The program office gauges the effectiveness of this program based on feedback from customers and stakeholders and considers any statutory or regulatory changes. During review and publishing, in partnership with the policy office, IRM sections are revised, added or deleted based in part on this process.

(2) Program Reports: Monthly reports from the external EAP service provider are located on the program office SharePoint site.

(3) Program Effectiveness: Program goals are measured through EAP webinar event surveys and analysis of the external EAP service provider reports.

(4) Annual Review: Annual reviews are conducted on-site or virtually at the external EAP service provider’s location and selected IRS on-site counselor locations. These reviews are performed to determine program effectiveness. The review requirements are subject to revisions as EAP and WLRS parameters are amended periodically and as the IRS procedures are changed. See IRM 6.800.3.1.5 below for more information.

(1) It is important to continuously assess and evaluate all work-life programs to ensure the IRS programs offer the desired effects and outcomes. Assessments of these programs help leadership:

1. Understand how often programs are used,

2. Track satisfaction rates and

3. Make improvements where applicable.

(2) The policy office is responsible for reviewing policies to ensure conformance with applicable laws and regulations.

(3) The program office is responsible for implementing, monitoring and improving internal controls which are programs and procedures that ensure:

1. Program goals are established.

2. Performance is measured to assess efficient and effective objective accomplishment.

3. Programs and resources are protected against waste, fraud, abuse, mismanagement and misappropriation.

4. Program operations are reviewed in conformance with applicable laws and regulations.

5. Financial reporting is complete, current and accurate, if required.

6. Reliable information is obtained and used in decision making and quality assurance.

(4) Annual program review requirements include the program office:

1. Ensuring the internal controls are complete, accurate and reviewed at least annually to promote consistent program administration and

2. Reviewing the usage of work-life programs to determine which programs are most widely used or least used to adjust program administration accordingly.

(5) The following activities ensure program success:

1. Conducting annual policy reviews,

2. Publishing educational articles and other materials, and

3. Presenting EAP webinar events.

(1) Administrative Leave − Leave without a loss of or reduction in: 1) pay, 2) leave to which an employee is otherwise entitled under law or 3) credit for time or service; and that is not authorized under any other provision of law. See IRM 6.630.4, Administrative Leave, Investigative Leave, Notice Leave, and Weather and Safety Leave and IRM 6.610.1, IRS Hours of Duty for more information.

(2) Administrative Time − Work time that is approved for participation in an activity that is not part of an employee’s regular job duties, e.g., surveys, attendance at town hall meetings. An employee is in duty status (at work) when using administrative time and approval of administrative time is generally under the control of the respective business unit. See IRM 6.630.4, Administrative Leave, Investigative Leave, Notice Leave, and Weather and Safety Leave and IRM 6.610.1, IRS Hours of Duty for more information.

(3) Alcohol/Drug Abuse − The excessive use of alcohol or drugs in a manner that may impair a person's physical, mental, emotional, interpersonal, occupational and economic functioning.

(4) Assessment − An ongoing process or evaluation in which professional expertise and skills are exercised to collect and analyze data that, in cooperation with the client, results in identifying, defining and prioritizing the client’s physical, mental and social issues or challenges. An assessment provides for an accurate diagnosis of the client and the basis for a treatment or issue solving plan.

(5) Client − An individual who is eligible to receive EAP services. A client includes the employee, a retiree or a separated employee (who meets the requirements of IRM 6.800.3.2.1 (2)) or their immediate family members.

(6) Community Resources − Organizations such as treatment and rehabilitation facilities and programs that exist in the community, such as Alcoholics Anonymous and other self-help groups.

(7) Critical Incident − An event, usually sudden, unexpected and potentially life-threatening, in which a person experiences a trauma or feels overwhelmed by a sense of personal vulnerability and/or lack of control. Examples include a natural disaster, serious workplace accident, a hostage situation or violence in the workplace.

(8) Critical Incident Debriefing − A meeting or series of meetings held with the workgroup following a critical incident.

(9) Critical Incident Stress Management (CISM) − A group of services or activities that may be used by an organization to respond to and manage a critical incident. Services include, but are not limited to, debriefs, outreach to the workforce and anniversary responses.

(10) Drug Free Workplace Program (DFWP) − The laws, regulations and policies stemming from Executive Order (EO) 12564 dated September 15, 1986, and subsequently the Drug Free Workplace Act of 1988, that ordered federal employees to refrain from using illegal drugs, whether on or off duty. It mandates that the head of each Executive agency shall develop a plan for achieving the objective of a drug-free workplace. Elements of the plan include:

1. Establishing a program to test for the use of illegal drugs by employees in sensitive positions,

2. Training for managers and employees, and

3. Establishing EAPs that emphasize high-level direction, education, counseling, referral to rehabilitation and coordination with available resources.

(11) Emotional/Behavioral Issues − Issues, such as financial, family or marital difficulties that may have an adverse impact on employee performance, conduct or reliability. For example, financial or marital difficulties, psychiatric or physical illnesses, drug and/or alcohol abuse, death of a family member, and those stemming from personal interactions with another person, such as a manager, co-worker or spouse.

(12) Employee Assistance Program (EAP) − An EAP is a worksite-based program designed to assist in the identification and resolution of work-related and non-work-related issues associated with employees impaired by personal concerns including, but not limited to, health, marital, family, financial, alcohol, drug, legal, emotional or other personal concerns which may adversely affect their job performance.

(13) External EAP Service Provider − A company external to the IRS providing EAP services on a contractual basis.

(14) Immediate Family Member − Any member of the employee’s immediate household who is a dependent and/or spouse/domestic partner who shares financial and family caretaking responsibilities.

(15) Presenting Issues − The personal concern or issue as described by the EAP client prior to assessment by the EAP professional.

(16) Release of Information − A document signed and dated by a client, giving the EAP (counselor) permission to release specific information about the client, to a person outside of the EAP.

(17) Safe Harbor − A self-referral option that allows any employee to step forward and identify themselves as an illegal drug user for the purpose of entering a drug treatment program under the EAP. Safe Harbor allows employees to seek rehabilitative assistance from the EAP in accordance with Executive Order 12564, Drug Free Federal Workplace, prior to being identified through other means.

(18) Session − A meeting between an EAP counselor and client, usually lasting 45 to 60 minutes.

(19) Work-life − Consists of practices, policies and programs that support the efforts of everyone in the workforce to achieve success at work and at home.

(1) This table lists commonly used acronyms and their definitions:

(1) The IRS Source, Employee Assistance Program (EAP) webpage at https://irsgov.sharepoint.com/sites/EmployeeResources/SitePages/WorklifePrograms.aspx.

(2) The IRS Source, Employee Assistance Program and Work-life Referral Services Program contacts, including Law Enforcement Employee Access and Access Numbers for Overseas Employees at https://irsgov.sharepoint.com/sites/EmployeeResources/SitePages/Worklife%20Programs17.aspx.

(3) The Office of Personnel Management (OPM) Federal EAPs: Guiding Principles, Frameworks and Definitions at https://www.opm.gov/policy-data-oversight/worklife/reference-materials/eapguide.pdf.

(4) The IRS Source, DFWP webpage at https://irsgov.sharepoint.com/sites/EmployeeResources/SitePages/WorklifePrograms.aspx.

(5) The IRS DFWP Plan at https://irsgov.sharepoint.com/sites/EmployeeResources/SitePages/Drug-Free-Workplace-Program.aspx.

(6) The IRS Tobacco Cessation Program at https://irsgov.sharepoint.com/sites/EmployeeResources/SitePages/Worklife%20Programs14.aspx.

(1) All IRS employees and their immediate family members (members of the immediate household who are dependents and/or spouses/domestic partners who share financial and family caretaking responsibilities) are eligible for the IRS EAP and WLRS.

(2) IRS employees who separate (e.g., retirement, voluntary separation, involuntary separation) from the IRS are also eligible for six months of coverage from the date of separation. EAP and WLRS can offer additional assistance when employees separate because of agency technology, restructuring and workforce initiatives.

(1) EAP:

1. Clients are entitled to a maximum of four free one-hour counseling sessions per calendar year for each presenting issue (e.g., four sessions for grief and four sessions for stress per calendar year).

2. If further counseling is needed after the four-session EAP limit, EAP counselors will assist clients in arranging assistance through their own health insurance plan or other community resources.

3. When they use these referrals, they are responsible for paying for related services. See IRM 6.800.3.2.2 (2) below.

(2) WLRS:

1. The EAP will make referral, when appropriate, of clients to outside community services, professional resources or their Federal Employees Health Benefit (FEHB) plan for treatment and/or rehabilitation.

2. When they accept these referrals, they are responsible for the fees charged by the facility and/or health plan.

3. Employees generally are not responsible for the fees for illness or injury directly resulting from employment and compensable under the Federal Employees’ Compensation Act (FECA). For more information on the FECA, see IRM 6.800.1, Workers’ Compensation Program.

(1) The EAP is available to clients 24 hours per day, 7 days per week, 365 days per year.

(2) Clients may meet in person with a counselor in their community or over the telephone with a member of the EAP telephone counseling staff. Sessions over the telephone may be from home or an alternate location or the office (where appropriate for privacy). Virtual appointments may be offered by some providers on a case-by-case basis.

(3) The EAP can help address a variety of concerns, e.g.:

• Marital and family conflicts,

• Career transitions or job pressures,

• Grief and loss,

• Anxiety and stress,

• Drug or alcohol abuse,

• Physical or emotional abuse,

• Major life changes or

• Depression.

(1) WLRS help clients find solutions to the daily challenges of personal, work and family life through consultation and referral to local and community resources. The program provides information and referral to assist with life events of all kinds. For concerns ranging from workplace stress to caring for a young child or an elderly relative, clients have access to a wide variety of resources to help manage their work-life balance.

(2) Work-life consultants address a variety of concerns, including family issues, such as:

• Choosing a daycare program,

• Becoming a parent,

• Purchasing a car,

• Repairing a home,

• Planning for college,

• Understanding Medicare,

• Finding quality care for an elderly relative or

• Moving/relocation.

(3) Confidential access to legal professionals dedicated to providing practical, understandable information is available to assist clients in resolving legal issues, including:

• Divorce and family law,

• Bankruptcy,

• Debt obligations,

• Criminal actions,

• Landlord and tenant issues,

• Civil lawsuits,

• Real estate transactions or

• Contracts.

(4) Financial professionals are also available to discuss concerns and provide clients with the tools and information needed to meet financial goals. Clients may consult with financial specialists about personal money management questions and receive the information needed to make the best decisions on issues, such as:

• Saving for college,

• Getting out of debt,

• Retirement planning or

• Estate planning

(5) Employees can find expert information, resources and referrals on behavioral health, dependent care, and legal or financial matters on the external EAP service provider’s website that is posted on the IRS Source, EAP webpage at https://irsgov.sharepoint.com/sites/EmployeeResources/SitePages/EAP.aspx.

(1) The program office in partnership with the external EAP service provider provide formal and informal orientation and educational services (e.g., employee orientations, webinars, workshops, brown bag lunches, support groups, manager training, union briefings, wellness and educational sessions) that encourage referral to the program. Specific options include:

1. Orientation sessions to introduce employees to the EAP and its services.

2. Manager training sessions to provide knowledge on how to use EAP services and how to use the critical incident and referral services for job performance issues. Management training is also provided in response to work setting changes—change management, redeployment, workplace stressors—by request of managers for their work groups.

3. Sessions to provide employees help identifying issues and seeing resolution through referral to EAP, including:

• Webinars that provide information on specific topics, e.g., dealing with stress, conflict resolution, managing change, diet or exercise.

• Education and counseling to employees in partnership with the IRS Tobacco Cessation Program.

• Drug free workplace training/education for employees and managers in partnership with the IRS DFWP.

(1) Critical Incident Stress Management (CISM) Services are available to work groups affected by a critical incident. Examples of critical incidents include deaths, serious injuries, incidents involving children or coworkers, personal assaults, or workplace accidents.

(2) EAP specialists help managers develop an action plan to respond to a specific incident. This can include on-site critical incident debriefings as well as counseling services. These debriefings generally involve three or more employees.

(3) Managers should contact the EAP directly to arrange for CISM services. Contact information is found on the IRS Source, Employee Assistance Program (EAP) webpage at https://irsgov.sharepoint.com/sites/EmployeeResources/SitePages/Critical-Situations-in-the-Workplace.aspx.

(4) For less urgent matters (e.g., counseling post-CISM incident) managers may contact the EAP directly or they may submit an OS GetServices ticket at https://selfservice.web.irs.gov/webtier-9.64/ess.do by selecting “Request Help>Employee Resources>Work-Life Programs>Employee Assistance Program(EAP)>EAP - Critical Incident Outreach.”

(5) Call 911 and the nearest available law enforcement/security for imminent threats or active emergencies. Instructions to report incidents to the Situational Awareness Management Center (SAMC) and for managers to report the death of an employee can be found on the IRS Source at https://irsgov.sharepoint.com/sites/EmployeeResources/SitePages/Critical-Situations-in-the-Workplace.aspx

(1) EAP transition counseling services provide support to employees impacted by reduction in force (RIF), technology and organizational changes.

(2) Transition Counselors are available for formal meetings/briefings to assist managers and employees as needed. Managers may order transition counseling services by contacting the EAP directly. Contact information is found on the IRS Source, Employee Assistance Program (EAP) webpage at https://irsgov.sharepoint.com/sites/EmployeeResources/SitePages/EAP.aspx. Transition counseling services may also be ordered through the program office by submitting an OS GetServices ticket at https://selfservice.web.irs.gov/webtier-9.64/ess.do by selecting “Request Help>Employee Resources>Work-Life Programs>Employee Assistance Program(EAP)>EAP - Presentation/Webinar.”

(1) The EAP provides one-on-one wellness coaching to help clients toward lifestyle changes such as:

• Diabetes prevention,

• Exercise,

• Heart disease prevention,

• Nutrition,

• Stress management,

• Tobacco cessation or

• Weight management.

(2) Wellness coaching is at no cost to clients.

(3) Services are available during non-business hours and business hours. However, employees must have approval from their manager to participate during business hours.

(1) The external EAP service provider is the custodian of EAP records while under contract with the IRS. All EAP records are the property of the IRS, including those generated and/or maintained by the external EAP service provider. At the completion of any contract, EAP records still in existence will be surrendered by the external EAP service provider to designated persons in the IRS (the program office) or will be transferred to another external EAP service provider with express permission and instruction from the IRS staff responsible for the records.

(1) The laws and regulations governing the EAP should not be construed to authorize any violation of state law, if state law has greater restrictions than these regulations. Also, no state law may either authorize or compel any disclosures prohibited by these regulations.

(1) Confidentiality safeguards for records stored electronically must be maintained. EAP data systems shall be protected from entry by anyone outside the EAP. External EAP service providers must ensure the security, privacy and confidentiality of all electronic protected health information as required by law (Privacy Act and HIPAA).

(1) Records are retained for three years after the employee has ceased contact with the EAP, whether or not the employee has terminated employment with the IRS. Records may be kept longer if required by the State where the records are kept or until any litigation involving the employee is resolved. When applicable, external EAP service provider staff may retain records past this period, for as long as required by any relevant state statutes of limitation. All EAP files shall be destroyed after the required period of maintenance.

(1) Except when disclosure without consent is allowed (see IRM 6.800.3.7.2), the clients’s written consent must be obtained before any release of information can be made. This applies to all releases, including those to managers, treatment facilities and family members, without regard to the type of issue the individual is experiencing. Employees should use Form 15293, IRS Privacy Act Disclosure Consent, to authorize the EAP to disclose information. In section II of the form, employees may include other personal information to be disclosed, including date of initial appointment, treatment recommendations, compliance/non-compliance with recommendations and completion of treatment recommendations.

(2) There are also times when the EAP must obtain confidential information from other sources. Use Form 15293 , IRS Privacy Act Disclosure Consent to authorize a person or organization to disclose confidential information to the EAP.

(1) Disclosure without consent is only permissible in a few specific instances, such as:

1. To medical personnel in a medical emergency,

2. In response to an order of a court of competent jurisdiction, or

3. To comply with Executive Order 12564, Drug Free Federal Workplace.

(1) In certain situations, information provided to the EAP is not protected by the confidentiality regulations and policies and, due to the nature of the information, must be reported to the appropriate people. The situations are:

1. Under 42 CFR Part 2, the EAP is required by law to report incidents of suspected child abuse and neglect (in some states, elder and spouse abuse) to the appropriate state and local authorities. These disclosures are limited to information about the abuse.

2. If the client commits or threatens to commit a crime that would physically harm someone or cause substantial property damage, disclosures may be made to appropriate persons, such as law enforcement authorities.

(1) In some cases, employees are referred to the EAP by managers because of work performance and/or conduct issues. Except as discussed above, no information will be released to managers without the employee’s written consent, regardless of the nature of the referral.

(2) Employees are not compelled to release personal and/or health information to managers. When they choose to do so, they will sign a consent form allowing the release of such information. When consent is given to disclose the information to managers, the EAP will usually limit its discussion to:

1. Date of the initial appointment,

2. Treatment recommendations,

3. Compliance or non-compliance with recommendations,

4. Completion of treatment recommendations and

5. Other information (if other information is being requested, it must be specified).

(3) There may be instances when it will be in the employee's best interests to sign a release of information, e.g., when an employee is seeking accommodation for a certain physical or emotional issue or as part of a last chance agreement (an agreement that gives employees a final chance to be retained in service). See IRM 6.752.2, Adverse Actions for more information. Another example might be when an employee is involved in a potential disciplinary situation and wishes to demonstrate their sincerity in seeking assistance with the issue. Based on this information regarding an employee's involvement in the EAP, a manager might decide to hold a disciplinary action in abeyance pending a positive change in the employee's performance and/or conduct.

(1) As with all other releases of information, the EAP requires the employee's written consent to share any information with other programs or organizations including human resources, labor relations and union representatives.

(1) Any information disclosed with the employee's consent must be accompanied by a statement from the external EAP service provider that prohibits further disclosure, unless the consent expressly permits further disclosures. It shall be attached to any written information released or sent separately if the information was released orally.

(1) Any employee identified to be using illegal drugs or with a positive drug test must be referred to the EAP by the manager in accordance with Executive Order 12564, Drug Free Federal Workplace. This type of referral is in writing in a memo addressed to the EAP. The referral memo is sent to the DFWP Program Office to forward to the external EAP service provider and counselor. While this referral to the EAP is mandatory, there is no authority or requirement to compel an employee to partake of EAP services, which are voluntary. Failure to do so, however, may have adverse consequences for the employee. Employees’ use the IRS DFWP Authorization Form to authorize the EAP to disclose information. This form is provided to the employee’s manager from the DFWP.

(2) The EAP is administered separately from the drug testing program and is available to all employees without regard to a finding of drug use. The EAP provides counseling or referral for rehabilitation, as well as education and training regarding illegal drug use. The EAP is available to employees and their immediate family members who have drug issues.

(1) Employees may also self-identify as illegal drug users to management under the Safe Harbor provision in the IRS Drug Free Workplace Plan. This provision protects employees from disciplinary actions that may otherwise be taken against employees found to be using drugs illegally. These employees must:

1. Voluntarily admit their drug use before being identified through other means,

2. Complete counseling/rehabilitation as determined and monitored by the EAP (or other counseling/rehabilitation entity),

3. Agree to random follow-up drug testing, and

4. Not use drugs again.

(2) The Safe Harbor provision cannot protect employees from disciplinary actions or random testing if they refuse to notify their managers that they are seeking help for their drug issues. It also cannot protect employees who have been found to use drugs illegally a second time.

(1) The EAP is not responsible for the implementation or operation of the drug testing program but will provide counseling and assistance in dealing with drug issues. For more information regarding drug testing, see the DFWP IRS Source page at: https://irsgov.sharepoint.com/sites/EmployeeResources/SitePages/WorklifePrograms.aspx.