POLICY

A. Purpose

The purpose of this policy is to facilitate the effective use and enjoyment of the facilities and services of Berkeley Lab. This policy is necessary to promote effective stewardship and use of Berkeley Lab facilities in support of the research mission. As such, this document outlines the appropriate use of Laboratory facilities, to include standards of conduct, while on LBNL property.

B. Persons Affected

This policy applies to all individuals including, but not limited to, Berkeley Lab employees, affiliates, and visitors using Berkeley Lab facilities or property. 

C. Exceptions

None

D. Policy Statement

General

All persons accessing and using Berkeley Lab facilities must conduct themselves in accordance with the institutional policies and procedures governing appropriate use of those facilities. This includes applicable local, state, and Federal laws, which ensure the safe and efficient operation of the Laboratory. For the purpose of this policy, ‘Berkeley Lab facilities’ includes all properties, structures, and spaces managed or leased for the operation of Berkeley Lab.

Due to the nature of the work conducted at Berkeley Lab and the security controls required as a federal facility, the Laboratory is not considered public-use property nor is it accessible by the general public without an approved business need or as an official visitor with direct sponsorship by a Berkeley Lab employee. As such, use of Berkeley Lab facilities must fall within the guidelines stipulated in this policy. Use of Berkeley Lab facilities outside of these principles is prohibited.    

Background

Berkeley Lab is a Federally Funded Research and Development Center within the Department of Energy (DOE) under the “government owned-contractor operated” model. The Laboratory is a member of the national laboratory system funded by the DOE through the Office of Science. It is managed by the University of California (UC), and is considered a federal facility. The Berkeley Lab main site is located on 202-acres on the hillside above the UC Berkeley Campus with narrow and steep roads connecting approximately 226 separate facilities and structures on site. 

The Berkeley Lab provides a wide range of scientific and experimental capabilities, including one-of-a-kind national user facilities accessed by thousands of guest researchers each year. Site and building access is controlled pursuant to the Site Security Plan, which provides special security protections for high-value facilities and materials used in research activities. There are also a number of radiological protection areas and safety areas both in on-site and off-site locations. 

1. Use of Facilities

All individuals using Berkeley Lab facilities have an obligation to conduct themselves in a manner harmonious with Berkeley Lab’s Ethics and Conduct Policy, and are responsible for complying with applicable UC and Berkeley Lab policies. This includes but is not limited to the following rules regarding the time, place, and manner of expressive activity.

No person on Berkeley Lab managed property or at official Berkeley Lab functions may:

1. Block entrances to or otherwise interfere with the free flow of pedestrian and vehicle traffic;
2. Obstruct or disrupt operations, research, administration, disciplinary procedures, or other activities, including invitation only events;
3. Engage in the theft of, conversion of, destruction of, or damage to any property managed by Berkeley Lab, or the property of others, while on Berkeley Lab premises;
4. Take possession of any Berkeley Lab property when the individual had knowledge or reasonably should have had knowledge that it was stolen;
5. Fail to comply, resist, or obstruct Berkeley Lab officials in the performance of their duties;
6. Engage in physical abuse, harassment, or hostile activities in violation of Berkeley Lab policies including but not limited to sexual assault, sex offenses, and other physical assault; threats of violence; or other conduct that threatens the health or safety of any person. See Sexual Violence and Sexual Harassment, Abusive Conduct in the Workplace, Violence in the Workplace, and Anti-Discrimination;
7. Engage in the production of disruptive amplified or non-amplified sound without prior authorization;
8. Exhibit disorderly or lewd conduct, including indecent exposure or public nudity on Berkeley Lab property;
9. Participate in a disturbance of the peace or unlawful assembly;
10. Unlawfully manufacture, distribute, dispense, possess, use, or sell, controlled substances identified in federal and state law or regulations. See Workplace Substance Abuse Policy;
11. Manufacture, distribute, dispense, possess, use, or sell alcohol or other drugs that are unlawful or otherwise prohibited by, or not in compliance with, Berkeley Lab policy. See Workplace Substance Abuse Policy;
12. Possess, use, store, or manufacture explosives, or other destructive devices such as firearms or other weapons;
13. Camp or lodge on Berkeley Lab property other than in authorized facilities;
14. Climb up or repel down any tree, building, or structure on Berkeley Lab property;
15. Operate aircraft in conflict with the Aviation Management and Safety Policy.

2. Use of Resources. No Berkeley Lab employee, affiliate, or visitor may have unauthorized entry to, possession of, receipt of, or use of any services; equipment; resources; or properties.

3. Free Expression. Berkeley Lab recognizes and supports free inquiry and free expression. As such, persons may exercise the constitutionally protected rights of free expression and speech. However, such activities must not substantially interfere with Berkeley Lab’s ability and responsibility to conduct and ensure continuity of its activities and operations in a safe, orderly, and efficient manner.

4. Protests and Demonstrations. Berkeley Lab acknowledges and respects the rights of employees to assemble in order to engage in demonstration and lawful protest activity. Any individuals who engage in demonstration or protest activity at Berkeley Lab facilities must adhere to the time, place, and manner provisions in the Use of Facilities section of this policy and must comply with the instructions and directions of authorized Berkeley Lab officials.

Access to Berkeley Lab facilities is governed by the Site Access and Security Policy, which applies to all persons who request site access. An individual or individuals who do not hold an appointment to the Laboratory are not permitted on site or in LBNL facilities for the purpose of engaging in protest or demonstration activities.

Additionally, to prevent interference with Berkeley Lab’s ability and responsibility to conduct and ensure continuity of site operations in a safe, secure, and lawful manner, the following locations have been designated for employee demonstration and lawful protest activity:

1. F parking lot, located off Cyclotron Road on the public side of the Blackberry security gate entrance.
2. Pedestrian areas immediately near and adjacent to food truck operations, so long as traffic, parking, and building access is not impacted.  

5. Political Activities. Berkeley Lab property, facilities, and official time may not be used for personal political activity. Berkeley Lab acknowledges and respects the rights of individuals to engage in personal political activity; however, the Laboratory must remain neutral and cannot fund such activities. Laboratory employees must be mindful of their obligations to keep their personal political activity separate from their institutional role. Political activity should not be engaged in such a manner as to incorrectly represent Berkeley Lab’s support or endorsement. This includes not engaging in political activities on Berkeley Lab facilities or during official activities.

6. Posting or distributing materials. Individuals who wish to post or distribute flyers or other materials on Berkeley Lab bulletin boards should contact the appropriate building official or line manager to determine the appropriate location for such notices. Commercial advertisements, posters, and literature, to include political campaign literature and flyers, are prohibited. Advertisements, posters, and literature related to events/services/goods of non-Berkeley Lab persons or organizations are also prohibited.

7. Nondiscrimination. The Lab complies with the UC’s Anti-Discrimination Policy and procedures, and is committed to an equitable and inclusive employment environment. This policy recognizes that rights to freedom of speech and expression are not limitless and, therefore, do not protect speech or expressive conduct that violates federal and state discrimination laws.

8. Accountability. These policies apply to all Laboratory employees, affiliates, and visitors regardless of the type of appointment, to include UC staff associated with the Laboratory. Berkeley Lab employees who fail to comply with Laboratory policies may incur progressive discipline, per the Corrective Action and Discipline Policy. Policy violations by non-employees such as affiliates and visitors may result in removal from the Berkeley Lab facility, termination of appointment status, and/or bar from future access.

E. Roles and Responsibilities

F. Definitions/Acronyms

G. Recordkeeping Requirements

None

H. Implementing Documents

I. Contact Information

Security and Emergency Services Division

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

• UCOP Policy on Speech and Advocacy
• UCOP Policy on Use of University Properties
• Hatch Act
• Berkeley Campus Regulations Implementing University Policies

Implementing Documents