Guam § 75100 - (a), Chapter 75, Title 10 Guam Code Annotated, and shall not be

§ 75100. (a), Chapter 75, Title 10 Guam Code Annotated, and shall not be

applicable to all Test Designated Positions (TDP) of the government of

Guam.

(b) Notwithstanding any other law, rule, executive order, regulation

or policy, the provision of “Safe Harbor,” as the term is described in the

Department of Administration Drug-Free Workplace Program as

promulgated by Executive Order 95-29, shall not be applicable or available

to any employee who:

(1) is the subject of an investigation involving drug use;

(2) is the subject of an investigation that could result in an

adverse action;

(3) is required to submit to a drug test for immediate

employment or possible promotion;

(4) was involved in an incident that may require or warrant a

drug test;

(5) has been found to be in violation of a rule or regulation of the

government of Guam; or

(6) has been arrested for a drug-related offense.