This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By Melissa L. Watkins, Esq.
One of the more common issues that arise for employees, applicants, and contractors who have or are applying for a security clearance is the issue of illegal drug usage. However, recently, there has been an uptick in agencies paying attention to employees, applicants, and contractors’ use of a less common substance, inhalants.
While many individuals pay attention to and understand their duty to report prior illegal drug use, many are unaware that there are other types of use, involving substances that are not considered illegal or covered by the Controlled Substances Act, that may impact the security clearance process.
In recent years, there has been a trend towards agencies considering misuse of substances, even if the substance is not technically illegal. These agencies have suggested that such use may need to be disclosed on the Standard Form 86 and have indicated that the use may create a basis for someone being denied a security clearance.
What are inhalants, you may ask? This question is the starting point for why this area of focus by agencies is complicated and difficult to navigate. The word actually covers a variety of substances that are consumed, as the name suggests, by inhaling. There is not necessarily a finite or specific list of what substances qualify as inhalants from agencies’ perspectives. However, a starting point for the conversation would be the security questionnaire itself, currently referred to as the Standard Form 86.
The Standard Form 86 contains a section where individuals are asked to disclose their prior involvement with various substances. Under the list of substances, there is a category for inhalants where only two examples are provided: toluene and amyl nitrate.
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