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Terms Used In 10 Guam Code Ann. § 75102

  • Allegation: something that someone says happened.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
All current law enforcement personnel with the Government of Guam, as that term is defined in this Chapter, shall be required to submit to a drug test as outlined below:

(a) A supervisor may order a drug test when there is a reasonable objective basis or documentation or allegation that an employee is impaired or incapable of performing his or her assigned duties such as reduced productivity, excessive vehicle accidents, high absenteeism, or other behavior inconsistent with previous performance. The contents of the documentation shall be made available to the employee.

(b) Current law enforcement personnel may be ordered by a supervisor to take a drug test:

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10 Guam Code Ann. HEALTH AND SAFETY
CH. 75 DRUG TESTING

(1) Where the allegation involved the use, or sale of a controlled substance; or

(2) Where the allegation, involves the actual use of force; or

(3) Where there is serious on-duty injury to the employee or another person.

(c) A supervisor who orders a drug test when there is a reasonable objective basis for suspecting usage shall forward a report containing the facts and circumstances directly to the head of the department or agency.

(d) Test results reporting the presence of a controlled substance, or the use of prescription drugs without a prescription, or the abuse of any over the counter drugs, will be submitted as a part of a complaint by the supervisor to the head of the department or agency.

SOURCE: Added by P.L. 19-44:4.