Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 14 - Department of Finance (Administrative Services) › Rule 016.14.06-004 - DHS Policy 1087 - DHS Employee Drug and Alcohol Prevention Policy

Current through Register Vol. 49, No. 6, June, 2024
1087.0.0
EMPLOYEE DRUG AND ALCOHOL PREVENTION POLICY
1087.1.0
Policy
All Department of Health and Human Services (DHHS) employees
				are prohibited from using, possessing or selling controlled substances or
				alcohol while on duty or working with the presence of alcohol or illegal drugs
				in the employee's body, or abusing legal drugs. The abuse of legal drugs
				includes taking any form of prescription medicine without a prescription.
				Employees who engage in drug or alcohol abuse face the risk of termination and
				the forfeiture of worker's compensation medical and indemnity benefits. DHHS
				complies with the Drug Free Workplace Act of 1988.
1087.2.0
Application
1087.2.1 This rule will be strictly applied
			 according to its terms. No terms or conditions not appearing under this policy
			 apply. For example, no Administrative Review is required to implement
			 disciplinary action pursuant to this policy. This is a special promulgated
			 policy, not part of DHHS Policy #1085, Minimum Conduct Standards for DHHS
			 Employees.
1087.2.2 Nothing in this
			 rule abrogates the employment at will doctrine. Any departmental error that is
			 trivial or formal or merely academic and that does not prejudice the
			 substantive rights of an affected party and that in no way affected the final
			 outcome of the case will be deemed harmless error and will not be grounds for
			 overturning the agency decision.
1087.3.0
Drug Use, Sale or
			 Conviction
1087.3.1 State
			 agencies will not differentiate between drug users and drug pushers or sellers.
			 Any employee who gives or in any way transfers a controlled substance to
			 another person or sells or manufactures a controlled substance while on the job
			 or an agency premises will be subject to discipline up to and including
			 termination.
1087.3.2 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.
1087.3.3 Each employee
			 is required by law to inform the agency within five days after he or she is
			 convicted for violation of any federal or state criminal drug statute where
			 such violation occurred on the agency's premises. A conviction means a finding
			 of guilt (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.
1087.3.4
			 The Department of Human Services (DHHS) must notify the U.S. government agency
			 with which the contract was made within ten days after receiving notice from
			 the employee or otherwise receives actual notice of such a
			 conviction.
1087.3.5 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.
1087.3.6 As a
			 condition of further employment on any federal government contract, the law
			 requires all employees to abide by this policy.
1087.4.0
All Employees are Subject to
			 the Provisions of this Policy when Engaged in the Following Activities:
A. When conducting DHHS business, whether on
			 or off DHHS property.
B. When on
			 DHHS property at any time, including parking lots, whether leased or owned by
			 DHHS.
C. When driving or riding as
			 a passenger in a DHHS vehicle.
D.
			 When assigned to on-call status, required to remain available by telephone or
			 pocket pager, in order to be called in to work.