Date: August 17, 1999
Edited: February 9, 2022
To: All NCO, Inc. Personnel
From: Lisa Pinkston, Executive Director
RE: Drug Free Workplace
Purpose: The purpose of this policy is to comply with the Drug Free Workplace Act of 1988 and Executive Order 89-2.
Scope: This policy is applicable to all Divisions/Offices within the Department of Health and Human Services (DHHS) as well as to any agency receiving grant(s) from the Department of Health & Human Services. All employees are to be made cognizant of this policy. Furthermore, employees are required to sign the Acknowledgement form, and return the signed form to the Human Resources Director.
Policy: Drug abuse use at the workplace is subject 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 state property. Therefore, it is the policy of the State of Arkansas that the unlawful manufacturing, distribution, dispensation, possession, or use of a controlled substance in a state
agency’s workplace is prohibited. Any employee violating this policy will be subject to discipline up to and including termination. The specifics of the policy are as follows:
- 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 on agency premises will be subject to discipline up to and including termination.
- The term “controlled substances” means any drug listed in 21 U.S.C. Section 812 and other Federal regulations. Generally, there 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 the agency within five (5) days after he or she is convicted for violation of any Federal or State Criminal drug stature where such violation occurred on the agency’s premises. A conviction
means a finding of guilt (including a plea of nolo contendere) or the imposition of a sentence by a judge or jury in any federal court, state court, or other court of competent jurisdiction.
- The Department of Health and Human Services (DHHS) must notify the U.S. government agency with which the contract was made within then (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 statue 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.
Department Contact: Any questions concerning this policy should be directed to:
Deputy Director
Division of Management Services
4th Floor Donaghey Plaza West
Slow Number 3400
P.O. Box 1437
Little Rock, AR 72203-1437
Telephone number: 501.682.6576
Acknowledgement: I acknowledge that I have read and understand the above policy regarding a Drug Free Workplace. I further understand that once this sheet is signed, it will be placed in my personnel file.