UAMS ADMINISTRATIVE GUIDE

NUMBER: 4.4.05
DATE: 8/10/00
REVISION:

SECTION: HUMAN RESOURCES
AREA: EMPLOYEE RELATIONS
SUBJECT: DRUG-FREE WORKPLACE

POLICY

The University of Arkansas for Medical Sciences (UAMS) supports the concept of a drug-free workplace, as enacted in the Federal Drug-Free Workplace Act of 1988 and the State of Arkansas Executive Order EO-89-2, issued March 30, 1989. It is the policy of the State of Arkansas, and thereby the University of Arkansas for Medical Sciences, that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in a UAMS workplace or by an employee while on a University assignment is prohibited. However, nothing in this policy precludes the medical or research use of alcohol or controlled substances. UAMS will not differentiate between drug users and drug pushers or sellers in the applicability or enforcement of this policy.

PROCEDURE

  1. Employees are informed through orientation and published literature about the dangers of drug abuse in the workplace and the UAMS policy of maintaining a drug-free workplace. Also the available counseling, rehabilitative services, and the penalties imposed for drug abuse violations.
  2. The UAMS Office of Human Resources will provide all new employees with the UAMS Drug-Free Awareness Statement at orientation, and each employee will be required to sign the Statement at that time. The Office of Human Resources is responsible for collection and retention of all signed statements.
  3. Any UAMS employee who illegally uses, gives, sells, or in any way transfers a controlled substance to another person, or manufactures a controlled substance while on the job or on UAMS premises will be subject to discipline up to and including termination.
  4. UAMS recognizes that addiction to drugs represents a disease state and that treatment of such problems is a legitimate part of medical practice. Any employee who recognizes such addiction or problem is encouraged to seek assistance as specified in the UAMS Substance Abuse Policy. Employees will not be disciplined for seeking such help, although disciplinary procedures linked to performance criteria are still applicable.
  5. The Drug-Free Workplace Act of 1988 requires contractors and grantees of federal agencies to certify that they will provide a drug-free workplace. The Office of the Vice Chancellor for Academic Affairs and Sponsored Research are responsible for certifying UAMS as a drug-free workplace for all grant and contract employees.
  6. The Office of Human Resources will identify all employees working with federal grant or contract funds and will provide each employee with a copy of this policy and the UAMS Drug-Free Awareness Statement (Page 3). As a condition of employment on such a grant or contract, the employee must abide by the terms of the Statement.
  7. Grant and contract employees must notify their supervisor and the Office of Research Administration of any criminal drug statute conviction for a violation occurring in the workplace, no later than five (5) days after such conviction. The Office of the Vice Chancellor for Academic Affairs and Sponsored Research will be responsible for notifying the appropriate granting agency when a violation of a criminal drug statute by such employee has occurred on UAMS premises.

DEFINITIONS

  1. The term "conviction" shall mean a finding of guilt (including a plea of nolo contendre) or the imposition of a sentence by a judge or jury in any federal or state court, or other court of competent jurisdiction.
  2. The term "controlled substance" shall mean any drug listed in Volume 21 of United States Code (U.S.C.) Section 812 or in any other federal regulations. Generally, these are drugs, which have a high potential for abuse, including but not limited to Heroin, Marijuana, Cocaine, PCP, "crack," and "legal drugs" which are not prescribed by a licensed physician.
  3. The term "workplace" shall mean UAMS property and all places designated for employees during the course of any University affiliated assignment.

REFERENCE
UAMS Policy 4.4.06, Substance Abuse
UAMS Policy 3.1.14, Drug Testing
UAMS Policy 3.1.09, Employee Assistance Program