March 23, 1989
Subject: University Policy on Substance Abuse and Certification Regarding Drug-Free Workplace Requirements
Enclosure 1 is a copy of the transmittal letter and University of California Policy on Substance Abuse in the Workplace, issued March 18, 1989 by President Gardner. Among other things, the policy states that "the University strives to maintain a workplace free from the illegal use, possession, or distribution of controlled substances (as defined in Schedules I through V of the Controlled Substances. Act, 21 United States Code 812, as amended)." Enclosure 2 is a copy of the text of Schedules I through V of the Controlled Substances Act.
A task force has been convened by the Office of the President to develop implementing guidelines for the University policy. Among other things, the task force will develop a model communication package that would constitute a drug-free awareness program, informing employees about the dangers of drug abuse in the workplace, the availability of employee assistance, and providing a copy of the University policy.
The task force will also consider alternatives for complying with the federal requirement that each employee to be engaged in the performance of a contract or grant be given a copy of the statement of University policy. When the implementing administrative guidelines have been finalized, a copy will be transmitted as a supplement to this Contract and Grant Memo.
Enclosure 3 is a copy of the Federal Acquisition Regulation provision and contract clause regarding the drug-free workplace and Enclosure 4 is the Office of Management and Budget governmentwide regulation on Drug-Free Workplace Requirements (Grants). Since the policy has been issued and the administrative guidelines are being developed, Contract and Grant Officers may now sign the Certification Regarding Drug-Free Workplace Requirements and accept the contract clause.
Refer: Barbara Yoder
Subject Index: 02, 12
Organization Index: U-115, F-005, F-020, F-622
David F. Mears
University Contracts and Grants Coordinator
March 18, 1989
SENIOR VICE PRESIDENT--ADMINISTRATION
University Policy on Substance Abuse in the Workplace
Enclosed is the University Policy on Substance Abuse in the Workplace. This Policy, which is effective immediately, prohibits illegal use, possession, or distribution of controlled substances by University employees in the workplace as well as use of legal or illegal substances in a manner which impairs job performance; states the possible penalties for violation of this Policy under applicable University personnel policies and labor agreements; and notifies employees of the availability of rehabilitation and support programs to assist employees with substance-dependency problems. In addition, as required by the Drug-Free Workplace Act of 1988, the Policy sets forth special requirements for employees engaged on Federal contracts and grants to report convictions for criminal drug-statute violations occurring within the workplace.
Please ensure appropriate notification of employees under your jurisdiction. Implementing guidelines for the Policy and suggested informational materials for publicizing drug-free awareness programs to employees will be issued soon by the Assistant Vice President--Employee Relations.
Members, President's Cabinet Associate Vice President Catalano Assistant Vice President Levin Academic Council Chair Gable Staff Council Chair Condon Director Rogin
Principal Officers of The Regents
March 18, 1989
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 leaves of absence for this purpose, in addition to using approved 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 substances [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:
The Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D) requires that University employees directly engaged in the performance of work on a Federal contract or grant shall abide by this Policy as a condition of employment and shall notify the University within five days if they are convicted of any criminal drug statute violation occurring in the workplace or while on University business. The University is required to notify the Federal contracting or granting agency within ten days of receiving notice of such conviction and to take appropriate corrective action or to require the employee to participate satisfactorily in an approved drug-abuse assistance or rehabilitation program.