Drug-Free Workplace

Federal Public Law 100-690 (Nov. 18, 1988) being 41 United States Code 701 subtitle D “Drug-Free Workplace Act of 1988” requires that any agency reapplying for or receiving Federal Funds must certify that the receiving/applying agency will provide a drug-free work place.

Section 5152(a)(1) of Title 42 USC 701 requires that every qualifying agency must publish a statement of the agency’s drug-free work place policies.

Section 5152(c) requires that all employees receiving/applying for Federal Funds must be given a copy of these policies.

Pursuant to 41 USC 701 CALS has established the following 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 property. Therefore, it is the policy of the Central Arkansas Library System (CALS) that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in a CALS’ 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:

  • CALS will not differentiate between drug users and drug pushers or sellers. Any employee who uses, gives, or in any way transfers a controlled substance to another person or sells or manufactures a controlled substance while on the job or on CALS 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 by a licensed physician.
  • Each employee is required by law to inform CALS within five (5) days after he or she is convicted for violation of any federal or state criminal drug statute where such violation occurred on CALS’ premises. A conviction means a finding of “guilty” (including a plea of nolo contendre) or the imposition of a sentence by a judge or jury in any federal court, state court or other court of competent jurisdiction.
  • CALS must notify the U.S. government agency with which the contract was made within ten (10) days after receiving notice from the employee or otherwise receives 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 agency 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.
  • Employees who feel that they need help with a drug or alcohol problem are encouraged to contact the CALS’ Employee Assistance Program (EAP). Counseling with the EAP is free and confidential. If the EAP determines that additional assistance is needed, the client is referred to a qualified professional. Many of the referral costs are covered by CALS current health plan.

Policy Information

Board Policy #001
Board Approval: 05/22/91
Revision: 03/28/02
Director’s Recommendation: 05/10/91
Legal Advice: 07/09/91