1.0 Policy Purpose
The purpose of this policy is to establish the conditions and process under which Brown University Employees in Sensitive Positions undergo drug testing in their employment capacity in compliance with DFARS 252.226-7003.
2.0 To Whom the Policy Applies
This policy applies to each Employee in a Sensitive Position and all individuals involved in the drug testing program described herein. An employee is subject to this policy only while the employee meets the definition of an Employee in a Sensitive Position; once that status ends, the employee is no longer subject to this policy but remains subject to all other applicable Brown University policies.
3.0 Policy Statement
As a federal contractor for the Department of Defense/War, Brown University administers a drug testing program for Employees in a Sensitive Position, when required by specific contracts, projects, or agreements that include DFARS 252.226-7003. This program tests for Illegal Drugs and applies to any Employee in a Sensitive Position.
3.1 Testing Program
Employees in a Sensitive Position working on applicable contracts, projects, or agreements will be required to undergo Illegal Drug testing on a controlled and carefully monitored basis only as described in this section and as determined by the University.
The Division of Research/Office of Sponsored Projects (OSP)/Office of Research Integrity, in coordination with Facilities Management/Fleet Management and University Human Resources, determines the extent and criteria for testing based on:
- The nature of the work performed under the contract, project, or agreement,
- The duties of the Employee in a Sensitive Position,
- The efficient use of Brown University resources, and
- The risks to health, safety, or national security resulting from an Employee in a Sensitive Position fails to adequately discharge their duties.
Brown will require Illegal Drug testing of Employees in a Sensitive Position when they are assigned to work on a research project that includes DFARS 252.226-7003.
Thereafter, Brown may require subsequent Illegal Drug testing for Employees in Sensitive Positions who are assigned to work on a research project that includes DFARS 252.226-7003 only under the following circumstances:
- When there is a reasonable suspicion (as determined by a supervisor or other official trained to make that determination) that an Employee in a Sensitive Position uses Illegal Drugs;
- When an Employee in a Sensitive Position has been involved in an accident causing injury to personnel or damage to equipment, or has engaged in an unsafe practice, while performing duties covered by this policy; and
- As part of return-to-duty or follow-up after counseling or rehabilitation for Illegal Drug use, if Brown determines that such testing is necessary before the Employee resumes duties covered by this policy.
Employees in a Sensitive Position and their supervisors will receive training to assist in identifying and addressing Illegal Drug use by Employees in a Sensitive Position.
Drug testing under this policy will be administered with support from Facilities Management/Fleet Management under procedures established for Employees in a Sensitive Position, which may use the University’s existing drug testing processes to the extent applicable and only as necessary to align with DFARS 252.226-7003 and this policy.
Brown provides access to employee assistance, education, counseling, rehabilitation, and related resources for Employees in a Sensitive Position through Brown’s Employee Assistance Program and any other resources described in the Drug-Free Workplace Policy and the Drug & Alcohol Abuse Prevention Program (DAAPP) Policy. This includes provisions for self-referrals and referrals to treatment with maximum respect for individual confidentiality consistent with safety and security considerations and coordination with available community resources.
4.0 Definitions
For the purpose of this policy, the terms below have the following definitions:
- Illegal Drugs:
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Controlled substances included in Schedules I and II, as defined by section 802(6) of title 21 of the United States Code, 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.For purposes of administering this policy, testing for Illegal Drugs shall be limited to substances for which testing is prescribed by the Mandatory Guidelines for Federal Workplace Drug Testing Programs issued by the U.S. Department of Health and Human Services.
- Employee in a Sensitive Position:
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An employee who is assigned to work on a, contract, project, or agreement that includes DFARS 252.226-7003 and who is identified on the applicable Technology Control Plan as having access to classified information, export-restricted information or items, or other project functions that Brown determines involve national security, health, or safety, or other functions requiring a high degree of trust and confidence.
- Technology Control Plan:
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A document drafted by the Export Control team in collaboration with the researcher specifying procedures that will be taken in order to safeguard and control access to information or items that are export restricted. In general, a Technology Control Plan outlines what the restricted information or item is, who will have access to it, how access will be monitored and controlled, how the information or item will be physically and electronically stored, what information about it can be shared or presented, and what will be done with the information or item once the project is completed.
5.0 Responsibilities
All individuals to whom this policy applies are responsible for becoming familiar with and following this policy. University supervisors and employees with student oversight duties are responsible for promoting the understanding of this policy and for taking appropriate steps to help ensure and enforce compliance with it.
Office of Sponsored Projects, Office of Research Integrity and Export Control: Identify contracts, projects, or agreements that include DFARS 252.226-7003; coordinate with researchers to identify Employees in Sensitive Positions through the applicable Technology Control Plan; and coordinate with Facilities Management/Fleet Management and University Human Resources the drug testing of Employees in Sensitive Positions, inform University Human Resources of any Employees in a Sensitive Position who test positive for Illegal Drug use, and maintain records in accordance with University policy.
Facilities Management/Fleet Management: Assist with the management of the drug testing of Employees in a Sensitive Position in accordance with this policy and procedures established for Employees in a Sensitive Position.
University Human Resources: Coordinate the employee assistance, counseling, rehabilitation, and related employment processes for Employees in a Sensitive Position in accordance with the Drug-Free Workplace Policy and applicable University procedures, in coordination with Facilities Management/Fleet Management, Division of Research/Office of Sponsored Projects, and Office of Research Integrity/Export Control, as appropriate.
6.0 Consequences for Violating this Policy
An Employee in a Sensitive Position who refuses to submit to a required drug test or who is found to use Illegal Drugs may not remain on the project covered by this policy unless and until Brown determines, in accordance with University procedures, that the employee may resume project duties.
The provisions of this policy pertaining to the drug testing program do not apply to the extent they are inconsistent with state or local law or an existing collective bargaining agreement, provided that any conflicting issues under a collective bargaining agreement will be addressed in accordance with applicable bargaining obligations.
7.0 Related Information
Brown University is a community in which individuals are encouraged to share concerns with University leadership. Additionally, Brown’s Anonymous Reporting Hotline allows anonymous and confidential reporting on matters of concern online or by phone (877-318-9184).
The following information complements and supplements this document. The information is intended to help explain this policy and is not an all-inclusive list of policies, procedures, laws and requirements.
7.1 Related Policies
7.2 Related Procedures
- Contact ori-admin@brown.edu
7.3 Related Forms
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7.4 Frequently Asked Questions
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7.5 Other Related Information
Policy Owner and Contact(s)
Policy Owner: Vice President for Research
Policy Approved by: Vice President for Research
Contact Information:
Policy History
Policy Issue Date:
Policy Effective Date:
Policy Update/Review Summary:
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