UCR

UCR Policies and Procedures

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Campus Policy Number: 650-83

Substance Abuse in the Workplace

Policy Owner: Human Resources
Effective Date: 11/13/06

University Policy on Substance Abuse in the Workplace

The University of California recognizes drug and alcohol dependency as treatable conditions and offers Employee Support Programs for University employees with substance-dependency problems. Employees are encouraged to seek assistance for drug and alcohol related problems and may request vacation or sick leave, or attending Employee Support Programs outside regular working hours. Information obtained regarding an employee during participation in an Employee Support Program will be treated as confidential.

The University strives to maintain a workplace free from the illegal use, possession, or distribution of controlled substance (as defined in schedules I through V of the Controlled Substances Act, 21 United States Code 812, as amended). Unlawful manufacture, distribution, dispensation, possession, or use of controlled substances by University employees in the workplace or on University business is prohibited. In addition, employees shall not use illegal substances or abuse legal substances in a manner that impairs performance of assigned tasks.

Employees found to be in violation of this Policy may be subject to corrective action, up to and including dismissal, under applicable University policies and labor contracts, or may be required, at the discretion of the University, to participate satisfactorily in an Employee Support Program.

Special Requirements for Employees Engaged on Federal Contracts and Grants

  1. LEGISLATION

    The Drug-Free Workplace Act of 1988 requires the University to provide notice of a conviction for a violation of any criminal drug statute occurring in the workplace by an employee engaged in the performance of work under federal contract or grant; and to report to the funding agency within ten calendar days after notice from an employee of a conviction for a violation of any drug statute occurring in the workplace, including while traveling or on other University business within and outside the U.S. The University of California Policy on Substance Abuse applies to all University of California employees.

  2. AUTHORITY AND RESPONSIBILITY
    1. The office of the Vice Provost - Academic Personnel is responsible for policy administration and implementation of procedures relating to this policy for academic employees.

    2. The Staff Human Resource Office is responsible for administering this policy and implementing procedures for staff employees.

    3. The Office of Labor Relations is responsible for notifying the Office of Research of any substance abuse conviction and for assisting departments with appropriate corrective action and/or employee assistance with regard to any staff employee.

    4. The Office of Research is responsible for notifying the funding agency of a covered conviction and maintaining documentation of notice to the funding agency.

    5. Departments, in consultation with the Labor Relations Office, are responsible for taking appropriate disciplinary action with regard to a staff employee who has been convicted of a violation occurring in the workplace, including while traveling or on other University business. The department is also responsible for the immediate completion and delivery of the "Contracts and Grants Drug-Free Workplace Act Conviction Notice."
    6. Departments must also ensure that a copy of the University Policy on Substance Abuse and the Riverside campus procedure "Certification and Reporting Requirements for Federal Contracts and Grants" is provided to all employees who are assigned to work on a federal contract or grant at the time of hire, and to any current employee at any time in the future that they are first assigned to a federal contract or grant.

    7. The Faculty and Staff Assistance Program is responsible for referring employees to substance abuse counseling and providing rehabilitation, as appropriate. Employees may be required to participate satisfactorily in a substance abuse or rehabilitation program.

  3. DEFINITIONS
    1. Confidential Information
    2. Confidential information as used in this policy is defined as medical records pertaining to the diagnosis or treatment of alcohol or drug abuse or records indicating referral to an alcohol or drug abuse program subject to protection under the Confidentiality of Alcohol and Drug Abuse Patient Records (42.C.F.R., pt. 2), the California Health and Safety Code section 11978, or the Information Practices Act, and may not be disclosed without specific authorization by the employee or where authorized pursuant to State or Federal laws and lawful regulations.

    3. Employee
    4. For purposes of the Policy, an "employee" is defined as any person holding a University staff or academic appointment, including work study students whose primary employer is the University, and who hold a University staff or academic appointment. "Employee" also applies to all indirect charge employees who perform support or overhead functions related to the Federal contract or grant and for which the Federal government pays its share of expenses, unless the employee's impact or involvement is insignificant to the performance of the contract or grant.

    5. Time Limits
    6. University employees directly or indirectly engaged in the performance of work on a Federal or State contract or grant shall notify the University within five calendar days if they are convicted of any criminal drug statute violation occurring in the workplace or while on University business. Any time limit that expires on a Saturday, Sunday, administrative holiday, or other day off observed by the University shall be extended to the next normal working day.

      The University is required to notify the Federal contracting or granting agency within ten calendar days of receiving notice of such convictions. Appropriate corrective action and/or the requirement for an employee to participate satisfactorily in a drug abuse rehabilitation program must be taken within thirty calendar days of receiving notice of such a conviction.

  4. PROCEDURES
  5. When the supervisor or Principal Investigator is notified by the employee, or learns from any other source, that the employee has been convicted of a workplace criminal drug offense, the department head shall immediately report such convictions to:

    • the Office of the Vice Provost- Academic Personnel in the case of an academic employee;

    • the Office of Labor Relations Office in the case of a staff employee;

    no later than the next working day.

    Each of the above offices will immediately notify the Office of Research;

    The Office of Research shall provide written notice to the appropriate agency.

    The department will also provide a written notice of the conviction by completing a "Contracts and Grants Drug-Free Workplace Act Conviction Notice" Form. A copy of the form, along with copies of any documentation provided by the employee, will be forwarded to each of the appropriate departments listed above.

    In consultation with Labor Relations, supervisors will take appropriate disciplinary action with regard to staff employees who have been convicted, and/or require the employee to participate satisfactorily in a drug abuse rehabilitation program within thirty (30) calendar days of notice.

  6. CORRECTIVE ACTION
  7. Members of the Academic Senate found to be in violation of the Substance Abuse Policy may be subject to disciplinary proceedings in accordance with procedures established by the Academic Senate. Non-Senate Academic employees found in violation may be subject to corrective action under the applicable academic personnel policy or Memorandum of Understanding.

    Staff employees found to be in violation of the Substance Abuse Policy may be subject to corrective action, up to and including dismissal, under the applicable personnel policies or collective bargaining agreements. Student employees found to be in violation of the Substance Abuse Policy as a result of actions taken during the course of their activities as employees may be subject to corrective action, up to and including dismissal from employment, under applicable personnel policies or collective bargaining agreements.

    In addition to or in lieu of corrective action, an employee may, as a condition of employment, be required to participate in a substance abuse assistance or rehabilitation program. Attendance in counseling or treatment programs does not relieve an employee from the obligation to maintain acceptable work standards nor should it delay appropriate corrective action.

    Further local, state and federal sanctions may be appropriate.

CONTRACTS AND GRANTS

DRUG-FREE WORKPLACE ACT CONVICTION NOTICE

Employee Name: ____________________________________________________________

Social Security Number: _______________________________________________________

Department: ________________________________________________________________

Contract/Grant Number(s): _____________________________________________________

Funding Agency: _____________________________________________________________

__________________________________________________________________________

Date of Conviction: ___________________________________________________________

Type of Conviction: ___________________________________________________________

Conviction Code: _____________________________________________________________

Date of Occurrence: ___________________________________________________________

Location of Occurrence: ________________________________________________________

Date Occurrence was Reported:__________________________________________________

Information obtained via:

_________ Personal Interview

_________ Telephone Contact

_________ Mail

_________ Individual other than employee

________________________________ ______________________________
Supervisor Signature Today's Date

Distribution:
Office of Research - Original
Labor Relations - copy
Department - copy

Retention: 5 years, other copies 0-5 years