January 6, 2005
 

M E M O R A N D U M
 

TO:

CSU Presidents

FROM:

Charles B. Reed
Chancellor
 

SUBJECT:

CSU Drug-Free Workplace Policy - Executive Order No. 930
 

Enclosed is a copy of Executive Order 930, the CSU Drug-Free Workplace Policy. Executive Order 930 is in compliance with the federal Drug-Free Workplace Act of 1988 (41 U.S.C. 701) and the California Drug-Free Workplace Act of 1990 (Government Code § 8350 et seq.).

Campuses shall adopt and implement the policy set out in this executive order. In some cases, a campus may already have an existing drug-free policy. Campuses' drug-free policies shall, at a minimum, adopt and implement the requirements mandated by this executive order, but may choose to regulate more activities or impose more stringent restrictions, provided that they do not violate any applicable statutes, regulations, and policies.

In 1989, campuses were informed of the legal requirements of the federal Drug-Free Workplace Act of 1988 by way of a coded memorandum (FSR 89-18 Drug Free Workplace Requirements - Public Law 100-690. See now 41 U.S.C. 701). FSR 89-18 may continue to be relied on for guidance in how to comply with the certification requirements of the federal Drug-Free Workplace Act of 1988.

Questions regarding any of these statutes should be directed to the Office of General Counsel.

In accordance with the policy of the California State University, the campus president has the responsibility for implementing Executive Order 930 and for maintaining the campus repository and index for all executive orders.

CBR/eb

Attachment: The federal Drug-Free Workplace Act of 1988
The California Drug-Free Workplace Act of 1990

Executive Order 930
 

Executive Order:

930
 

Title:

CSU Drug-Free Workplace Policy

Effective Date:

January 6, 2005
 

Supersedes:

None
 

A. Policy The California State University (CSU) is committed to maintaining a workplace free from the unlawful manufacture, possession, distribution, dispensation or use of controlled substances, as defined in schedules I through V of the Controlled Substances Act (21 U.S.C. §812) and 21 C.F.R. Part1308. Employees violating this policy shall be subject to discipline, up to and including dismissal. Discipline shall be imposed in a manner consistent with the applicable labor agreements, CSU policies, and law. In addition to, or in lieu of discipline, CSU may, at its discretion, require employees violating the policy to participate satisfactorily in an appropriate drug abuse rehabilitation program. B. Application This policy applies to CSU employees. "Employee" means a person legally holding a position in the California State University. C. Implementation The president at each campus (or the chancellor at the Chancellor's Office) shall be responsible for implementing this policy. This includes, but is not limited to: 1. Establishing a drug-free awareness program which distributes to each employee: a. A copy of this policy; b. A description of the dangers of drug abuse in the workplace; c. A description of any drug counseling, treatment, or rehabilitation programs available to employees; and d. A description of the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 2. Requiring each employee, who is directly engaged in the performance of a contract or grant that is awarded by any federal or state agency, to abide by the terms of the policy as a condition of employment on the federal or state contract or grant; 3. Requiring each employee, who is directly engaged in the performance of a contract or grant that is awarded by any federal agency, to notify the campus within five (5) days of conviction of any criminal drug conviction for a violation occurring in the workplace. 4. Notifying the federal contracting or granting agency within ten (10) days after receiving the notice described in C.3. from an employee or otherwise receiving actual notice of such conviction. 5. Imposing discipline on employees convicted of a drug crime for a violation occurring in the workplace and/or requiring such employees' satisfactory participation in a drug abuse rehabilitation program.

Dated: January 6, 2005