Drug Free Workplace Policy
(U.S. Drug Free Workplace Act of 1988; Governor's Executive Order 89-2)
State agencies, boards, commissions and institutions are required to certify that they are in compliance with the Drug Free Workplace Act of 1988. All employees are required, on or before the first day of work, to read and sign an acknowledgment of receipt of information about the University's drug-free workplace policy (see also 2.31). The text of that policy follows:
Drug Free Workplace Policy
In order to promote a healthy, safe, and productive work and learning environment, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance (including being under the influence of a controlled substance), in the University’s workplace or while on duty 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:
Any employee who uses, possesses, gives or in any way transfers a controlled substance, or is determined to be under the influence of a controlled substance, while on duty or on University premises will be subject to discipline up to and including termination.
The term "controlled substance" means any drug listed in 21 U.S.C. § 812 as further defined in 21 CFR §§ 1308.11 - 1308.15. Generally, these are drugs which have a high potential for abuse. Such drugs include, but are not limited to, heroin, marijuana, cocaine, and PCP. They also include legal drugs, such as opioids, which are not prescribed for the individual using them by a licensed physician.
As a matter of University policy, all employees must report to their supervisor, within 24 hours or at the earliest possible opportunity thereafter, any criminal arrests, criminal charges, criminal convictions, or other dispositions, excluding misdemeanor traffic offenses punishable only by fine.
Upon receiving notice of an employee’s conviction of a criminal drug statute occurring in the workplace, the University must provide written notice within 10 calendar days to the appropriate person or office in the Federal agency from which it receives a contract or grant. For this purpose, a conviction means a finding of guilt, including a plea of nolo contendre (no contest), or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or state criminal drug statutes. The notice must include the convicted employee’s position title and grant or contract identification number. The University must notify the appropriate Federal contact regardless of how it is informed of the employee’s conviction (i.e., by the employee, a co-worker, the newspaper, etc.)1
In furtherance of its commitment to providing a drug-free workplace, the University has established a drug testing program that consists of (1) pre-employment substance abuse testing for specified positions, (2) suspicion-based substance abuse testing, and (3) periodic substance abuse testing for specified positions. Pre-employment and periodic substance abuse testing will be performed for positions that have been designated under the Fayetteville Policies and Procedures 402.1.
Suspicion-based tests will be performed on employees who are suspected of being in an impaired state while on duty. Refusal to submit to drug screening, or screening results that indicate abuse of drugs or alcohol, is cause for termination or withdrawal of an offer for employment. Additional information about the University’s commitment to providing a drug-free workplace can be found in Fayetteville Policies and Procedures 402.2 Substance Abuse Testing and Campus Implementation of the Drug-Free Workplace Act and Drug-Free Schools and Communities Act; Medical Marijuana. See Fayetteville Policies and Procedures 402.2 (December 16, 2019).
Employees are required to abide by this policy as a condition of employment. If an employee violates this policy, he or she will be subject to discipline up to and including termination. Alternatively, at the University’s discretion, the University may require the employee to successfully finish a drug- program sponsored by an approved private or governmental institution.
Further information about controlled substances and about the health risks associated with the use and abuse of alcohol and other drugs is available from Human Resources and the Pat Walker Health Center. Information about locally available sources of substance-abuse counseling is available from the Pat Walker Health Center and from the Employee Assistance Program.
1 Once notified by the employee, the supervisor will report the conviction immediately to the vice chancellor to whom she or he reports. If applicable, 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 contract in question is held.