Office of
Sponsored Programs

Drug Free Workforce

Employees working in sensitive positions on grants and/or contracts funded by the U.S. Department of Defense (DOD) and its branch agencies and that contain provisions of the DOD Drug-Free Workforce Rule of 1988 are subject not only to the Drug-Free Workplace Act, but also to the more stringent regulations of the DOD Drug-Free Workforce Rule of 1988.

Resources

Drug Free Workplace / Workforce FAQs

What is the purpose of the training?	The purpose of the “Drug-Free Workplace Policy” and the training module developed in support of the “Drug-Free Workforce Guidelines,” is to provide information to the campus community regarding the illicit use of drugs and the abuse of alcohol and to comply with all applicable federal, state and local laws, including provision of DFAR 252.223.7004.
Who is covered by the Policy and the training?	The information and assistance is provided to everyone in the university community regardless of the affiliation; however, anyone employed by the university or supported on a federal grant, contract or cooperative agreement is covered by the tenets of the university’s “Drug-Free Workplace Policy.” Anyone supported by a federal contract that contains DFAR contract clause 252.223.7004 (or an award term or condition that contains the substance and requirements of the Drug-Free Workforce restrictions) is covered by and required to engage in the training provided in this training module, as specified in the university’s “Drug-Free Workplace Guidelines.”
When does it apply?	The specific requirements of the university’s “Drug-Free Workplace Policy” and its “Drug-Free Workforce Guidelines,” apply to any employee or anyone supported by a federal contract that contains DFAR contract clause 252.223.7004 (or an award term or condition that contains the substance and requirements of the Drug-Free Workforce restrictions) who is on university premises or on university business.
What behavior is prohibited?	The requirements of the university’s “Drug-Free Workplace Policy” and its “Drug-Free Workforce Guidelines” prohibit the following activities: The unlawful manufacture, use, sale, distribution, possession, receipt or transportation of any controlled substance or Illegal drug The consumption of alcoholic beverages except where otherwise authorized in accordance with university policy; however, alcohol consumption causing impairment is expressly prohibited at all times Being ‘under the influence’ of alcohol, illegal drugs, or controlled substances (whether or not consumed out of or during working hours)
Are employees required to notify supervisors of drug-related convictions?	Employees and anyone supported by a federal grant, contract or cooperative agreement are required to notify the university of any drug or alcohol related arrest or criminal conviction no later than five (5) after the conviction. Stevens will require satisfactory participation in a drug abuse or rehabilitation program by any employee who is convicted of drug or alcohol related crime.
Does the Policy include searches?	No, unless specific cause is indicated and an employee is considered to be under the influence of drugs and/or alcohol
Does the program include drug testing?	1. The university’s “Drug-Free Workplace Policy” does not include a requirement for drug testing. 2. Under the university’s “Drug-Free Workforce Guidelines,” employees, or any supported by a federal contract that contains DFAR contract clause 252.223.7004 (or an award term or condition that contains the substance and requirements of the Drug-Free Workforce restrictions), will be required to undergo periodic, unannounced drug testing.
What are the consequences for violating the Policy?	1. The university’s “Drug-Free Workplace Policy” specifies that violation of the Policy will be referred to the individual’s supervisor and the Human Resources Department for appropriate disciplinary action, which can include immediate discharge. The Policy does not supplant or supersede statutory or administrative law at the federal, state, county or municipal level. Violators of the law may be subject to penalties imposed by a court or other empowered board, agency or commission, in addition to any action taken by the university. 2. The university’s “Drug-Free Workforce Guidelines
Are there “Return-to-Work Agreements?”	1. The university’s “Drug-Free Workplace Policy” specifies that any employee who enters a facility for treatment will be placed on a medical leave of absence and may return to work following the successful completion of the treatment program. 2. Under the university’s “Drug-Free Workforce Guidelines,” employees, or anyone supported by a federal contract that contains DFAR contract clause 252.223.7004 (or an award term or condition that contains the substance and requirements of the Drug-Free Workforce restrictions) who enters a facility for treatment will be placed on a medical leave of absence and may return to work following the successful completion of the treatment program; however, that individual may not be supported by the federal award that contains the restriction while on leave. An alternate source of funding must be identified. The university’s “Return-to-Work Agreement” must be completed and approved by all appropriate parties before returning to work after undergoing voluntary or mandated treatment for alcohol and/or drug-related abuse.
What is a “Return-to-Work Agreement?”	A “Return-to-Work Agreement” is a written document that sets forth the expectations that the employer and an employee who has completed mandated treatment for alcohol and/or drug problems. It also sets forth the consequences if the expectations are not met. This Agreement should be used if an employee has violated the “Drug-Free Workplace Policy” or the “Drug-Free Workforce” Guidelines and has been provided the opportunity to participate in rehabilitation as a condition of continued or re-employment.
What type of assistance is available to employees needing help?	Employees and students who abuse alcohol or use drugs are in need of counseling and help. The Human Resources Office (201.216.5122) can provide confidential referral to the Employee Assistance Program. Alternatively, the employee may obtain information themselves at
How is employee confidentiality protected?	Employee records are available only to staff in Human Resources and university Legal Counsel. Information released to the university as a result of the employee signing a “Release of Information” form authorizing medical and/or treatment personnel to share results of treatment is maintained in Human Resources as part of the employee’s file.
Who is responsible for enforcing the policy?	Human Resources
How is the policy communicated to employees?	1. The university’s “Drug-Free Workplace Policy” is distributed annually to all university faculty, staff and students via email.

An employee, or anyone, is considered to be under the influence when he or she is affected by alcohol, drugs, or controlled substances, in any detectable manner or when the amount of alcohol, illegal drugs or controlled substance consumed interferes with the employee’s ability to efficiently and satisfactorily perform assigned tasks and/or renders the employee a risk to himself/herself to others, and/or to the interests of the university.

Drug-Testing Protocol

GENERAL

As part of the “SIT Drug-Free Workforce Program,” the university requires that employees, or anyone sourced on a sponsored project that includes DFAR 252.223-7004 (or others as deemed appropriate) will be subject to an annual, unannounced drug- test. Other circumstances that might require an unscheduled drug-test for individuals specified in the previous sentence could be: a) unexplained/unresolved adverse event in a lab or research facility; b) deteriorating job performance; c) obvious signs of intoxication or impairment during the period of job performance that is not explained by the use of prescribed prescription drugs as described in the “SIT Drug-Free Workforce Program Worksheet.” It is important to remember that any of the signs of alcohol or drug abuse could have another explanation; however, if the supervisor or co-workers suspect there might be a problem then the supervisor should immediately engage a dialogue with the head of Human Resources in order to determine a course of action.

It is also important to remember that all members of the university community have a duty to cultivate and maintain an environment of learning and research that reflects the highest standards. This is done by helping employees and co-workers who are suspected of having a problem with alcohol and/or drug abuse by alerting supervisors and/or Human Resource personnel so that help can be provided if determined to be necessary; however, accusations of this nature are serious and anyone knowingly engaging in false allegations or will be subject to disciplinary action.

PROTOCOL

At employment, or whenever sourced on a sponsored project that requires drug-testing, or annually, or at the occurrence of an unexplained/unresolved adverse event in the lab, or as a result of unexplained deteriorating performance, or as the result of obvious signs of intoxication or impairment the employee (or others as deemed appropriate), the employee will be notified that an unplanned/unannounced drug-test will be required.
Within the hour of notification, or as soon as is practical, the employee will be escorted to the LabCorp collection site in Jersey City in order to provide a donor sample
The employee will be returned to their workplace after completion of the test.
Test results will be forwarded by LabCorp to the SIT Human Resources office to be kept in the employee’s personnel file.
If test results are ‘positive’ for the presence of alcohol or illegal drugs, the Human Resource office shall contact the employee’s supervisor.

Obvious signs of intoxication or impairment could be any, or all, of the following: a) alcohol = difficulty walking, blurred vision, slurred speech, slowed reaction times, impaired memory and blackouts, and mental confusion and obvious odor of alcohol or persistent odor of mouthwash; marijuana = impaired judgment and motor coordination, shortened attention span and distractibility, problems with memory and learning, and decreased alertness and coordination; cocaine = abdominal pain and nausea, decreased appetite, restlessness, anxiety, and paranoia; stimulants = loss of coordination, collapse, unhealthy weight loss, heavy perspiration, blurred vision, irritability, and argumentativeness.

LabCorp is on the federal Department of Health and Human Services/SAMSA “Certified Lab List.”

Drug-Free Workforce Program

GENERAL INFORMATION

In compliance with the requirements of the Drug-Free Workforce Act of 1988 and observing the tenets of DFAR 252.223-7004 (Drug-free work force), the University implements the following program (THE PROGRAM) in order to create an environment that fosters a culture recognizing and supporting a Drug-Free Workforce.
The requirements of THE PROGRAM will apply to a University employee in a sensitive position (or others as deemed appropriate). Illegal drugs shall mean those included in Schedules I and II in 21 USC 802 (6). The term illegal drugs does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.
The following elements embody the substance of THE PROGRAM at the University and meet the requirements specified in DFAR 252.223-7004 at (c) and (d). Documentation providing substantiation of University observance of this requirement (when contractually required or otherwise deemed appropriate) must be detailed by means of the “SIT Drug-Free Workforce Program Worksheet.” The ‘Worksheet’ must be completed and then reviewed and approved by the Director of Research Data, Audit and Compliance in the Office of Sponsored Programs. This narrative description of THE PROGRAM and the “SIT Drug-Free Workforce Program Worksheet” are part of the “SIT Drug-Free Workforce Workbook.”

SPECIFIC PROGRAM ELEMENTS

The “SIT Drug-Free Workforce Program” shall include the following :

Determine at initial sourcing of project support or when an annual screening is done or if an adverse event occurs in the lab that compromises safety or security if an employee is using a controlled substance pursuant to a valid prescription or other uses authorized by law by means of the “SIT Drug-Free Workforce Program Worksheet”
Provide employee assistance programs emphasizing education, counseling, rehabilitation, and coordination with available community resources
Supervisor training to assist in identifying and addressing illegal drug use by University employees (or others as deemed appropriate)
Employee training and education at time of employment and annually thereafter
Provide for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues
Provide for identifying illegal drug users that includes testing on a controlled and carefully monitored basis
Negotiate a “Return-to-Work Agreement” with employee who is on leave due to enrollment in supervised rehabilitation and maintenance program

Employee in a sensitive position as used in connection with THE PROGRAM means an employee (or other person as deemed appropriate) who has been granted access to classified information; or employees in other positions that the University determines involve national security, health or safety, or functions other than the foregoing requiring a high degree of trust and confidence (252.223-7004 (a) (1).

The “SIT Drug-Free Workforce Program (THE PROGRAM)” is modeled on elements suggested by the Department of Health and Human Services/NIH at http://workplace.samhsa.gov/WPWorkit/plan.html#consider

Drug-Free Workforce Policy

223.570-1 POLICY
DoD policy is to ensure that its contractor maintain a program for achieving a drug-free work force

223.570-2 CONTRACT CLAUSE
Use the clause at 252.223-7004 in all solicitations and contracts –

That involve access to classified information; or
When the contracting officer determines that the clause is necessary for reasons of national security or for the purpose of protecting the health or safety of those using or affected by the product of, or performance of, the contract

252.223-7004 DRUG-FREE WORK FORCE

Employee in a sensitive position, as used in this clause, means an employee who has been granted access to classified information; or employees in other positions that the Contractor determines involve national security, health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.
Illegal drugs, as used in this, means controlled substances included in Schedules I and II, as defined by section 802 (6) of title 21 of the U.S.C, the possession of which is unlawful under chapter 13 of that Title. The term “illegal drugs” does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.
Contractor agrees to institute and maintain a program of achieving the objective of a drug-free work force. While this clause defines criteria for such a program, contractor are encouraged to implement alternative approaches comparable to the criteria in paragraph © that are designed to achieve the objectives of this clause
contractor programs shall include the following, or appropriate alternatives:
1. (1) employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and coordination with available community resources;
2. (2) supervisory training to assist in identifying and addressing illegal drug use by Contractor employees;
3. (3) provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues;
4. (4) provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis. Employee drug testing programs shall be established taking account of the following:
(i) the contractor shall establish a program that provides for testing for the use of illegal drugs by employees in sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on considerations that include the nature of the work being performed under the contract, the employee’s duties, the efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position.

(ii) In addition, the Contractor may establish a program for employee drug testing –

When there is a reasonable suspicion that an employee uses illegal drugs; or

When an employee has been involved in an accident or unsafe practice;

As part of or as a follow-up to counseling or rehabilitation or illegal drug use;

As part of a voluntary employee drug testing program.
1. (iii) the Contractor may establish a program to test applicants for employment for illegal drug use.
  (iv) for the purpose of administering this clause, testing for illegal drugs may be limited to those substances for which testing is prescribed by section 2.1 or subpart B of the “Mandatory Guidelines for Federal Workplace Drug Testing Program ( 53 FR 11980 (April 11, 1988)), issued by the Department of Health and Human Services
  (d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such times as the Contractor, in accordance with procedures established by the Contractor, determines that the employee may perform in such a position.
  (e) the provision of this clause pertaining to drug testing program shall not apply to the extent they are inconsistent with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter, the Contractor agrees that those issues that are in conflict will be a subject of negotiation at the next collective bargaining session.

Drug-Free Workforce Training Module (powerpoint)

Forms

Return to Work Agreement

Drug-Free Workforce Program Worksheet

Office of Sponsored Programs

Drug Free Workforce

Resources

Forms

Policies

Office of
Sponsored Programs