004-00-20 Ark. Code R. § 93

Current through Register Vol. 49, No. 4, April, 2024

Rule 004.00.20-093 - AR 202 Drug-Free Workplace

I.AUTHORITY:

The Board of Correction and Community Punishment (BCCP) is vested with the authority to promulgate this administrative rule by Ark. Code Ann. §§ 12-27-105, 16-93-1203 and 16-93-1205 (Michie Supp. 1995).

II.APPLICABILITY:

This rule applies to the Arkansas Department of Correction (ADC) and Department of Community Punishment (DCP) employees and applicants.

III.POLICY:

It is the policy of the Department of Correction and the Department of Community Punishment to provide a drug-free work environment. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by an employee is prohibited. Employees are also prohibited from being under the influence of alcohol during duty hours.

IV.EXPLANATION:

It is well recognized that drug abuse in the workplace has a deleterious effect on public health and safety, the welfare of the employee, and on morale and productivity. Drug abuse is also contrary to the missions of ADC and DCP.

V.GUIDELINES:

The ADC and DCP shall implement a drug testing program using reasonable test procedures employed to protect the privacy rights of employees and applicants and to achieve reliable and accurate results. The ADC/DCP Director will develop program guidelines and procedures which comply with the Drug-Free Workplace Act of 1988 and shall include at a minimum:

A. Testing of applicants being considered for positions which require supervising offenders, after a conditional offer of employment has been made;

B. Random testing of employees that supervise offenders;

C. Testing of all employees based on reasonable suspicion and following critical incidents;

D. Testing as a condition of continued employment where an employee has a documented drug history or tests positive for drugs;

E. Referral to the Arkansas Employee Assistance Program when appropriate;

F. Notification to ADC/DCP Internal Affairs when there is reasonable suspicion of illegal activity, to include positive alcohol/drug tests; and,

G. Notice to employees of the penalties for violation of the policy.

VI.STANDARDS:

American Correctional Association (ACA)

Standards for Adult Community Residential Services 3d Edition 3-ACRS-1C-06

ACA Standards for Adult Correctional Facilities, 3rd Edition 3-4601

Board Approval Date:7/18/96

Effective Date: 10/1/96

004.00.20 Ark. Code R. § 093

Adopted by Arkansas Register Volume MMXXI Number 07, Effective 10/1/1996