All supervisors are requested to notify the Human Resources Department (Foreign Visitors Unit for foreign nationals) immediately of the death of an employee. This notification will ensure the initiation of benefit payments and other possible assistance to eligible dependents or a designated beneficiary.
On the death of an eligible University employee, a sum equal to the regular salary of the deceased for one month will be paid to (1) the surviving spouse, (2) the deceased's eligible dependents if there is no surviving spouse, or (3) the beneficiary designated in the deceased's University-paid life insurance policy if there is neither a surviving spouse nor eligible dependents. An eligible employee is one who was in pay status 50% time or more for at least six continuous months immediately before death. Months before and after an approved leave without pay are counted as continuous months. An eligible dependent is one receiving the majority of his or her support from the deceased employee in accordance with Internal Revenue Service Standards §152. This payment is in addition to any other payment due the employee.
The University of California and the Laboratory recognize dependency on alcohol and other drugs as a treatable condition and offer programs and services for Laboratory employees, including University of California student employees, with substance dependency problems. Employees (including student employees) and students are encouraged to seek assistance, as appropriate, from employee support programs, health centers, and counseling or psychological services available through the Laboratory's Employee Assistance Program, which is provided by the University of California Health Center (the Tang Center) on the Berkeley campus. Information obtained regarding an employee or student during participation in such programs or services will be treated as confidential, in accordance with federal and state laws.
The Laboratory strives to maintain a work site free from the illegal use, possession, or distribution of alcohol or of controlled substances as defined in Schedules IV of the Controlled Substances Act (21 United States Code §812) and 21 Code of Federal Regulations 1308. Unlawful manufacture, distribution, dispensing, possession, use, or sale of alcohol or of controlled substances by employees in the workplace, on Laboratory premises, at official Laboratory functions, or on Laboratory business is prohibited. Unauthorized possession, use, consumption, or being under the influence of alcohol on Laboratory premises is prohibited. In addition, employees may not use illegal substances or abuse legal substances, including alcohol, in a manner that impairs work performance, scholarly activities, or student life.
The Laboratory strongly supports and is committed to making a good-faith effort to maintain a workplace free of substance abuse through implementation of 10 Code of Federal Regulations 707.5(a)(1)(5) (Workplace Substance Abuse Programs at Department of Energy Sites). Use, possession, sale, distribution, or manufacture of illegal drugs at sites owned or controlled by DOE is prohibited.
Employees found to be in violation of this policy, including student employees if circumstances warrant, may be subject to corrective action (up to and including dismissal) under applicable Laboratory policies and labor contracts or may be required, at the discretion of the Laboratory, to participate satisfactorily in an Employee Support Program.
The Federal Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D) and the State Drug-Free Workplace Act of 1990 require that University employees directly engaged in the performance of work on a federal or state contract or grant must abide by this policy as a condition of employment.
Employees working on federal contracts and grants must provide written notification to the Laboratory through their immediate supervisor within five calendar days if they are convicted of any criminal drug statute violation occurring in the workplace or while on Laboratory business. This requirement also applies to all indirect charge employees (i.e., an employee who performs support or overhead functions related to the federal contract or grant and for which the federal government pays its share of expenses) unless the employee's impact or involvement is insignificant to the performance of the contract or grant. The Laboratory is required to notify the federal contracting or granting agency within ten calendar days after receiving notice of such conviction and to take appropriate corrective action or to require the employee to participate satisfactorily in available counseling, treatment, and approved substance-abuse assistance or rehabilitation programs within 30 calendar days after receiving notice of such conviction.
Questions regarding Laboratory policy on substance abuse in the workplace may be directed to the Labor/Employee Relations Office or the Employee Assistance Coordinator. See RPM §2.05(G) (Employee Assistance Program).
The Laboratory endorses the Department of Transportation's (DOT) antidrug policy and regulations. A drug and alcohol testing program is an integral part of this policy for classifications covered by the DOT rule. Compliance with this policy and the DOT rule is a condition of continued employment. Noncompliance may result in disciplinary action up to and including suspension or dismissal.
The Laboratory's policies and procedures to implement the DOT drug and alcohol testing program have been balanced with a recognition of employees' legal rights, the preservation of employees' reasonable expectation of privacy, and a commitment to assuring due process.
The DOT rule covers employees and contract labor personnel whose Laboratory job duties are such that federal regulations require them to hold a Commercial Driver's License (CDL) in order to drive a commercial motor vehicle (CMV) on public highways, and who, during the course of the workday, operate or are expected to be ready to operate a vehicle with a gross combination or gross vehicle weight of at least 26,001 pounds inclusive of a towed unit with a gross vehicle rating of more than 10,000 pounds; a vehicle originally or currently designed to transport 16 or more passengers including the driver; or a vehicle of any size used to transport hazardous materials found in the Hazardous Materials Transportation Act and that require the motor vehicle to be placarded under the Hazardous Materials Regulations.
Employees and contract labor personnel covered by the DOT rule are subject to the following drug and alcohol tests:
The text of the full policy and implementation guidelines for the DOT rule is distributed to covered employees and contract labor personnel and is available in the Human Resources Department.
Flexible work options are tools managers and supervisors can use to help meet the work/life balance needs of their employees while simultaneously ensuring that the work unit’s operational needs are met. While the Lab supports the use of flexible work options whenever possible, they do not change the basic terms and conditions of Laboratory employment and are not entitlements. Granting or denial of a request for a flexible work option is at the sole discretion of management. Neither denial of a request for a flexible work option, nor rescission of an approved flexible work option is subject to the Complaint Resolution procedure (RPM 2.05 (D)).
The Laboratory currently has two flexible work options that may be considered: Flex Time and Telecommuting Agreements. Approval of both options must be within the provisions of RPM §§2.23 (D)(2)(b), 3.01(B), and 3.01(C).
Division/department management may determine that there are specific scientific and/or operational necessity reasons during which a regular flex time schedule cannot be implemented. If scientific or operational requirements make formal flex time practices infeasible, arrangements can be made between the supervisor and employee on an ad hoc basis.
Supervisors should consider the following guidelines when reviewing a request for flextime. However, the final flextime arrangement approved, if any, is at the sole discretion of the supervisor.
There are two types of telecommuting arrangements:
A formal rest period not to exceed 15 minutes once during each work period of 3 hours or more may be granted employees. The time may not be taken at the beginning or end of the work period, and time not used for rest periods may not be accumulated to be used at a later date. Such periods are a privilege that may be withdrawn by the division director or department head and should be withdrawn if abused.
California's Political Reform Act of 1974, embodied in the University of California Conflict of Interest Code, requires that all state employees and officials must disqualify themselves from making or participating in certain decisions when a financial conflict of interest is present. As University employees, all Berkeley Lab employees are covered by the provisions of the Act.
Under California law and University policy, certain designated Laboratory officials are required to file financial interest statements when they assume a designated official position, annually while they hold such a position, and when they leave it. These employees are notified directly of the applicable requirements for their specific designated official positions. A list of designated official positions for the Laboratory is available from the Conflict of Interest page on the UCOP Web site.
Note that more information about the Laboratory's conflict-of-interest policies are available in RPM Chapter 10 (Conflict of Interest).
Employees are not permitted to accept gifts, gratuities, or favors from any source that might affect or appear to affect their judgment in discharging their duties. Such acceptance may be construed as a conflict of interest. This restriction does not apply to:
An employee who misuses privileged or official information may be subject to discipline by the Laboratory and prosecution under state and federal law.
Employees may not act or give the appearance of acting on behalf of the Laboratory or the University when communicating with state or federal officials unless they are authorized to do so. To act or give the appearance of acting on behalf of the Laboratory or the University in such instances without authorization may be construed as a conflict of interest.
When corresponding with state and federal officials, a writer may use Laboratory letterhead only when authorized to represent the Laboratory or the University. Letters expressing personal views must be written on personal stationery. If Laboratory letterhead is used for corresponding with principal state and federal officials, including executive branch appointees, members of Congress, the state legislature, and their staffs, copies of the correspondence must be sent to the appropriate division director and to the Head of the Public Affairs Department.
When employees give opinions as independent professionals, they must state clearly that they are speaking for themselves and not on behalf of the Laboratory or the University of California.
The use of privileged or official information for personal financial gain is a type of conflict of interest and is prohibited. Privileged or official information is information that is known to an individual because of his or her connection with the Laboratory but is not available to the public. In this connection, the term "privileged information" includes but is not limited to:
The Report Coordination Office and Technology Transfer and Intellectual Property Management review all technical and scientific papers and related materials for oral or other presentation before publication. See RPM §§5.02 (Policy for Scientific and Technical Publications), 5.03 (Patents).
Individual employees have a right to access their own records except as limited by law. See RPM §§2.17 (Employee Records), 5.03 (Patents). Access to the records of other employees is normally limited to legitimate need-to-know situations except as specifically noted in the RPM sections cited and in applicable laws.
In certain situations, an employee, by virtue of his or her position, may have access to information concerning anticipated materials requirements or pricing actions. Examples include Laboratory construction projects and system acquisitions. Improper dissemination of such information could produce unfair competitive advantage for vendors as well as constitute a conflict of interest for the employee.
The prohibitions surrounding this area are the same as those concerning Paragraph (I)(3), above.
An employee who misuses privileged or official information may be subject to discipline by the Laboratory and prosecution under state and federal law. Laboratory employees are required to notify the Laboratory whenever they are notified that they are the target of an investigation by a federal or state agency that has as its subject the improper use of information obtained or actions taken for personal use by the employee in the course of his or her employment.
It is the Laboratory’s objective to create and maintain an environment as close to smoke-free as practicably possible. In addition, the Laboratory is located in an environment that poses severe hazards from wildland fires and is obliged to ensure that outdoor smoking is restricted to safe areas.
This policy applies to all employees, contractors, guests, and visitors. Accordingly, the Laboratory, in keeping with these obligations and in compliance with State law, has determined that smoking is not permitted:
Smoking is permitted only in outdoor areas that are paved with asphalt, brick, or concrete.
All individuals are responsible for ensuring
If the preferences of smokers and nonsmokers conflict, the preference of nonsmokers will prevail.
Violations of this policy should be reported to a supervisor, who, if necessary,
will consult with Labor/Employee Relations before taking action in accordance
with appropriate personnel policies or labor agreements.
Instructions on how to obtain outdoor ash cans, request an EH&S review of smoking areas, and other information relating to this policy will soon be appearing in the Environment, Health, and Safety Manual (LBNL/PUB 3000).