Admin transfers responsibility for assuring ASG employees undergo mandatory drug testing

Pago Pago, AMERICAN SAMOA — Directors will have additional responsibilities added to their workload as they are now also in charge of ensuring their staff undergo mandatory drug testing, according to a policy change explained by Director of Health, Motusa Tuileama Nua during his presentation on the process at the Cabinet meeting last Thursday.

Administrating the tests remains with the Department of Health under the leadership of Dr Julia Fo’ifua and Dr Sai Fuimaono, according to the health director.

 “The Directors however are in charge of their respective Departments in building up their drug control program and they also need to hire experts that can implement the program within their offices.”

Motusa outlined the mandates of the Drug Control program.

“This program’s mandates also outline checks and balance protocols for the  MRO (Medical Review Officers) to follow.

 “Once the results are available — which should be completed in less than 24 hours, the Director of the Department where the staffer works and the Director of Human Resources should be informed immediately.

 “If the drug tests is negative the results should be sent to the Director Human Resources and the Director of the Department; however once a positive result is procured an investigation will be conducted by the doctors in charge of this program.”

Motusa also confirmed the drug testing center is now located at the Tafuna Health Center.

According to the DOH Director, at the moment the Attorney General’s office is conducting a legal review for the Directors to have the sole responsibility for their staff undergoes drug testing.

Adding that once this is approved it is up to the Director as to what day and time the staff within their department takes the test.

 “The staff members should be escorted by a supervisor and once at the Drug Testing Center, there are steps to follow such as the orientation, and registration prior to taking the test.

“At the same time the staff must list all the medication he or she is taking.”

If the test result is positive the doctors in charge of the Center will look into the medication and check it against the results of the tests.”

He also elaborated on the process if the government staffer tests positive for drugs.

 “The staff and Director should make a final decision within 72 hours, whether they want to challenge it; then a sample will be sent to the LBJ hospital lab for a confirmatory tests and results should be within 72 hours.

 “If it’s negative that will be the end it; however if it’s positive another step is taken and that is to send it overseas, which will take about four weeks before the result is received.

“At the same time, it is up to the Director’s prerogative whether to submit this person to the Government’s rehabilitation program.

 “There are different steps of the program such as a 30 day program, 16 weeks or even less than 30 days it depends on the analysis by the doctors,” said Motusa.

He said there are questions on a 30 day suspension for anyone testing positive but, that still hasn’t been decided as it depends on the program suitable for the staffer whereas some programs are more than 30 days.

 “At any given time the Director of Health will … be involved unless a DOH staff is undergoing drug testing,” he said.

Motusa urges the Director sto expect challenges. Once the program with Directors managing the Drug Control program begins, there will be challenges not only for the departments but also the Drug testing center.

 “Every government employee that is tested positive will automatically be a candidate for the rehab program, it does not apply only to career service employees but every Government staff member that undergoes drug testing.

 “It is also open to the private sector but the DOH will have to work with the employers if they require drug testing for their staff,” explained Motusa. 

Regarding funding, Motusa said it will be shared between the Department of Human Resources and DOH.

 “We have over 3,000 drug testing kits on hand but they will order more,” said the DOH Director.

He also made it clear that if any government staffer wants to challenge the results they will have to pay for the additional confirmatory testing.

As reported earlier under the policy, all employees entering the workplace may be tested by the Department of Health or LBJ Tropical Medical Center.

The use of any form of unauthorized drugs or alcohol on the job or the arrival of any person at the workplace under the influence of any form of drug or alcohol will be a cause for disciplinary action, up to and including, if appropriate, dismissal.

Department directors and managers will be assisted in implementing the policy and that includes developing measures to :

• deal with work performance and conduct problems caused by misuse or abuse of alcohol and other drugs;         
• protect confidentiality,
• refer affected employees to counseling,
• provide education and information on the policy.

BACKGROUND

In 2018 the American Samoa Government drew up a Drug and Alcohol Policy to deal with employees experiencing drug or alcohol related problems in the workplace.

A law was approved by the Fono in October 2018 that outlines the appropriate and uniform alcohol and drug test procedures for all government employees, applicants for government jobs, elected officials, political appointees, contractors, subcontractors and independent contractors.

The drug tests, according to the law are part of the application process for ASG jobs and any employee exhibiting behavior to create reasonable suspicion of the improper use of alcohol or illegal drugs, will be subject to drug tests.

The ASG Drug and Alcohol Policy, according to a press statement issued at that time aimED to provide clear guidance on the management of staff with drug related issues in addition to taking a preventative approach which focuses on raising awareness.