(U.S. Drug Free Workplace Act of 1988; Governor's Executive Order 89-2; AHRMS
Policy Manual, 145; approved by the Campus Council, April 27, 1989)
State agencies, boards, commissions, and institutions are required to certify
that they are in compliance with the Drug Free Workplace Act of 1988. If you
were hired in May, 1989 or later, you were asked, on or before your first day of
work, to read and sign an acknowledgment of receipt of information about the
University's drug-free workplace policy. The text of that policy follows:
Drug Free Workplace Policy
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 or institution'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 for the individual using them by a licensed physician.
- Each employee is required by law to inform the University 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 University'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 University 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 by having that supervisor report
the conviction immediately to the vice chancellor to whom she or he 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 contract in question is held.
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 University Health Center. Information about
locally-available sources of substance-abuse counseling is available from the
University Health Center and from the Employee Assistance Program.