Security Outline

DEA Diversion Control Program Logo and Banner

Publications > Manuals > Security Manual > Employees

Security Outline of the
Controlled Substances Act of 1970

Employees

Screening

In order to fairly assess the likelihood of an employee committing a drug security breach, it is essential that non-practitioner registrants carefully screen individuals before hiring them. Of the utmost importance is a determination of convictions for crimes and unauthorized use of controlled substances. To this end, DEA recommends that the following two questions become a part of and employer's comprehensive screening program:

Within the past five years, have you been convicted of a felony, or within the past two years, of any misdemeanor, or are you presently charged (formally) with committing a criminal offence? Do not include any traffic violations, juvenile offences or military convictions, except by general court-martial. If the answer is yes, furnish details of conviction, offense location, date, and sentence.
In the past three years, have you ever knowingly used any narcotics, amphetamines, or barbiturates, Other than those prescribed to you by a physician? If the answer is yes, furnish details.

DEA also recommends that an authorization, in writing, be completed by a person who is allowed to or is considered for work in a controlled substances area. This authorization should permit inquiries to be made of courts and law enforcement agencies concerning pending charges or convictions. Information on employees' criminal records should then be used as follows:

Locally by name, date and place of birth, and other identifying information, inquire at local courts and law enforcement agencies for records of pending charges and convictions; and
Nationally by the same identifying information make and inquiry at the appropriate DEA Field Office.

In addition, pre-employment screening should be by written application which covers such areas as credit checks, residences, educational background, military history, character, reputation, and past employment. All applications should strongly warn that any falsification will result in dismissal and that data will be verified.

Post-employment screening is also very important. Events in employees lives can change their reliability and integrity. Employees and supervisors should be encouraged to be on the lookout for troubled employees. Payroll and personnel offices should advise security officers of inquiries by creditors or attempted garnishment of wages. When employees are considered for promotion to positions of greater responsibility, additional comprehensive screening may be appropriate.

Responsibility to Report Drug Diversion

A necessary part of an overall employee security program is the reporting of employee drug theft or diversion in the workplace. It is also in the public interest. Employees who have knowledge of drug theft of diversion from their employer have an obligation to report such information to a responsible security official of the employer. Employers have a responsibility to treat such information as confidential and to take all reasonable steps to protect the confidentiality of the information and the identity of employees furnishing information. Failure to report drug theft or diversion information should be a critical factor in determining an employee's continued employment in a drug security area.

Illicit Activities

Employees who posses, sell, use or divert controlled substances not only subject themselves to state or Federal prosecution for any illicit activity, but should also become the subject of independent action regarding their continued employment. Employers must assess the seriousness of the employee's violation, the position of responsibility held by the employee, past record of employment, etc., in determining whether to take other action against the employee.

Previous Page | Back to Top | Next Page