Drug-Free Workplace Act (1988)
10 July 2006Drug-Free Workplace Act (1988), 41 U.S.C. §§701 et seq.
Coverage and Required Conduct: The Act requires all employers that are federal grant recipients, and those with federal contracts of $100,000 or more, to agree to provide a drug-free workplace. Covered employers must issue a statement prohibiting the illegal manufacture, distribution, dispensation, possession, or use of any controlled substance in the workplace and specify the consequences for violating the policy. In addition, the statement must require employees engaged in contract-related work to notify the employer of any criminal conviction for a drug violation occurring in the workplace within five days of the conviction. Employers that receive those notices must, within 30 days, either take appropriate disciplinary action against the employee, up to and including termination, or require the employee to participate satisfactorily in a rehabilitation program approved by a federal, state or local health, law enforcement or other appropriate agency. Covered employers also must notify the contracting government agency within ten days after receiving notice of such employee convictions. Moreover, employers must establish an awareness program informing employees about the dangers of drug abuse; the employer’s policy; any available assistance programs; and the Act’s sanction provisions for employees convicted of a drug violation occurring in the workplace. The Act does not, however, require drug testing.
Enforcement: The head of the contracting agency determines whether the contractor: (1) has violated the Act’s requirements; or (2) has so many employees with criminal convictions for drug statute violations occurring in the workplace as to indicate that the contractor has failed to make a good-faith effort to provide a drug-free workplace.
Remedies: The contracting officer may initiate proceedings to suspend payments, terminate the contract, or suspend or debar the contract for a period specified in the debarment decision, up to five years. The agency head may waive suspension of payments, termination, suspension, or debarment if he determines that such action could severely disrupt the operation of the agency to the detriment of the federal government or the general public.
Related Regulations:
Notice and Final Rules, Implementation of the Drug-Free Workplace Act, 55 Fed. Reg. 21,679; 21,706 (May 25, 1990); and 30,465 (July 6, 1990).
Department of Defense: Federal Acquisition Regulation; Drug-Free Work Force, 48 C.F.R. §§223.570-1 et seq., 252.223-7004.
Department of Transportation: Procedures for Transportation Workplace Drug and Alcohol Testing Programs, 49 C.F.R. Part 40.
Department of Health and Human Services: Mandatory Guidelines for Federal Workplace Drug Testing Programs, 53 Fed. Reg. 11970 (April 1, 1988).
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