University Human Resource Services

Indiana State Law

Drug-Free Workplace Act of 1988 and State of Indiana Drug-Free Executive Order No. 90-5 of 1990

The Drug-Free Workplace Act of 1988 and State of Indiana Drug-Free Executive Order No. 90-5 of 1990 require the university to establish and maintain a drug-free workplace. To accomplish this objective, the university established a policy, approved by the Board of Trustees on March 31, 1989, that outlines the methods and philosophy of the university in relation to this new federal regulation. This policy is consistent with previously approved programs supporting the health and productivity of Ball State University employees.

As set forth in the above referenced statute and regulation, Ball State University must certify that it will continue to provide a drug-free workplace by:

  • Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the university workplace and specifying the actions that will be taken against employees for violation of such prohibition.
  • Establishing an ongoing drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the university's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
  • Making it a requirement that each employee engaged in the performance of a federal or state contract or grant be given a copy of the statement required in the above paragraph.
  • Making it a requirement that each employee notify the university in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.
  • Notifying the contracting agency within ten (10) days after receiving notice from the employee or otherwise receiving actual notice of such conviction.
  • Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted.
  • Making a good faith effort to continue to maintain a drug-free workplace.