U N I V E R S I T Y O F S O U T H E R N M A I N E
POLICY#: 101.16
SUBJECT: DRUG FREE WORKPLACE ACT
APPLIES TO: FACULTY AND STAFF
ISSUED BY: DIVISION OF HUMAN RESOURCES
EFFECTIVE DATE: 03/01/89
REVIEW/REVISION DATE: 08/01/90
The Drug Free Workplace Act as enacted by the United States
Congress requires the University, as an organization whose
programs may be in receipt of federal grants and contracts, to
ensure that the workplace is free from the illegal use,
possession, manufacture or distribution of controlled substances.
Specifically the University is required to:
- Notify employees about the law.
- Establish a drug free awareness program.
- Notify the contracting agency if any employee is
convicted of violating any criminal drug statute in the
workplace.
- Require participation in a rehabilitation program or
impose a sanction on any employee so convicted.
The University of Southern Maine has an established substance
abuse policy (101.15) and has designated the Employee
Consultation and Outreach Services (E.C.O.S.) with responsibility
for assisting employees with substance abuse issues and problems,
to include individual diagnostic referral and counseling and
prevention programs and services. Additionally that policy
establishes that the possession, use, manufacture or distribution
of illegal drugs as defined by federal, state, and local statutes
is prohibited at any time on University property. Further, that
employees known to possess, use, manufacture or distribute
illegal drugs are liable to public law enforcement sanction and
University disciplinary action which may include dismissal. In
accordance with the Drug Free Workplace Act the University is
required to notify all University employees who work on the
University payroll, to include temporary personnel and
consultants also on the University payroll, that if he or she is
convicted of any workplace related criminal drug offense the
violation shall be reported by the employee within five days
subsequent to conviction. A failure by the employee to report a
conviction may be grounds for dismissal.
Implementation
Implementation of the requirements established pursuant to the
Drug Free Workplace Act are as follows;
Distribution of Notice
New employees shall at the time of orientation receive a copy of
the booklet University of Maine System Alcohol and Drugs, wherein
is contained notice to the employee of the drug free workplace
requirements applicable to all employees. The Division of Human
Resources will assume responsibility in assuring the pamphlet is
distributed to individuals who appear on payroll, and who are
full and part-time regular staff, part-time temporary faculty,
and graduate students. Distribution of materials to student
employees shall be completed through Student Affairs. Temporary
employees who are paid through the University payroll shall be
provided notice by the department initiating the hire.
Additional pamphlets for this purpose will be made available by
contacting the Division of Human Resources.
Report of Conviction
In accordance with the Drug Free Workplace Act the employee who
has been convicted of any workplace related criminal drug
violation must report this conviction to his or her supervisor
within five (5) calendar days after the conviction. The
supervisor in turn must provide report to the Director of
Sponsored Research, the Vice President of Student Affairs, and to
the President. Subsequent to review a written report will be
made to the appropriate administrator for the contracting or
granting agency or agencies. Notice to the contract agency or
agencies must occur within ten (10) days after notification by
the employee.
Violations of the Drug Free Workplace Act can result in:
* Disciplinary action, including dismissal;
* Suspension of payments under a grant;
* Suspension or termination of a grant;
* Suspension or debarment of the grantee.
Grantees are to report to every grant officer on whose grant
activity the convicted employee was working. If the convicted
employee was working on grants from more than one agency, then
grant officers at all applicable agencies must be notified.
As the University of Southern Maine participates in campus-based
student financial assistance programs the provisions of the Drug
Free Workplace Act are applicable to all employees and not just
those engaged in an activity under a grant. Notice of a
workplace conviction must be made to those contract and grant
agencies from which the University of Southern Maine receives
funding. Report to agencies for such programs will be made by
the administrator responsible for the administration of the
applicable program. Student Affairs must, therefore, be notified
of any and all workplace related convictions. Student Affairs
will be responsible for providing further notice to financial
assistance programs.
Administrators, principal investigators or department heads whose
programs are also involved in the administration of grants
are responsible only to report to the granting agency where a
conviction directly involves an employee engaged in an activity
under the specific grant.
Department of Defense
The Department of Defense has established additional
requirements. The DOD employs a "Drug Free Workforce Rule" which
is more stringent and requires a drug testing program. This rule
does not, however, apply to all DOD contracts. If a program is
in receipt of a DOD contract or responds to a solicitation,
please contact the Division of Human Resources.
Human Resources
128 School Street, Gorham Campus
207-228-8536
human resources
