Faculty Handbook: Workplace Policies
Drug Free Workplace Policy
(Governor’s Executive Order 89-2; approved by Campus Council April 27, 1989)
Drug abuse and use at the workplace are subjects of immediate concern in our society. These problems are extremely complex and ones for which there are no easy solutions. From a safety perspective, the users of drugs may impair the well-being of all employees, the public at large, and result in damage to state property. Therefore, it is the policy of the State of Arkansas that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in a state agency’s workplace is prohibited. Any employees violating this policy will be subject to discipline up to and including termination. The specifics of this policy are as follows:
- State agencies will not differentiate between drug users and drug pushers or sellers. Any employee who gives or in any way transfers a controlled substance while on the job or on agency premises will be subject to discipline up to and including termination.
- The term “controlled substance” means any drug listed in 21 U.S.C. Section 812 and other federal regulations. Generally, these are drugs which have a high potential for abuse. Such drugs include, but are not limited to, heroin, marijuana, cocaine, PCP, and “crack.” They also include “legal drugs” which are not prescribed by a licensed physician.
- Each employee is required by law to inform the agency within five days after he or she is convicted for violation of any federal or state criminal drug statute where such violation occurred on the agency’s premises. A conviction means a finding of guilt (including a plea of nolo contendere) or the imposition of a sentence by a judge or jury in any federal court, state court, or other court of competent jurisdiction.
- The University of Arkansas, Fayetteville, must notify the U.S. government agency with which the contract was made within ten days after receiving notice from the employee or otherwise receiving actual notice of such a conviction.
- If an employee is convicted of violating any criminal drug statute while in the workplace, he or she will be subject to discipline up to and including termination. Alternatively, the agency may require the employee to successfully finish a drug abuse program sponsored by an approved private or governmental institution.
- As a condition of further employment on any federal government contract, the law requires all employees to abide by this policy.
Note: At the University of Arkansas, Fayetteville, sections 3. and 4. of the Drug Free Workplace Policy will be carried out by requiring the convicted employee to inform his or her department head, director, or other appropriate supervisor of the conviction immediately and of having that supervisor report the conviction immediately to the vice chancellor to whom he or she reports. The vice chancellor so notified will convey the information, on behalf of the university, within the required ten-day period, to the U.S. agency with whom the federal government contract in question is held.