Drug Free Workplace Act of 1988 (41 U.S.C. s. 8101) (34 CFR Part 84) (Substance Abuse and Mental Health Services Administration)

• The Drug Free Workplace Act of 1988 applies to any employer with a government contract of $100,000 or more.

• Employers are required to establish policies on drug awareness and to certify to the government that it will meet the law's requirements.

• These policies must include:


• a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's workplace and specifying the actions that will be taken against employees for violations of the prohibition; (41 U.S.C. s. 8102(a)(1)(A))


• establishing a drug-free awareness program to inform employees about:
• the dangers of drug abuse in the workplace;
• the employer's policy of maintaining a drug-free workplace;
• available drug counseling, rehabilitation, and employee assistance programs; and
• the penalties that may be imposed on employees for drug abuse violations. (41 U.S.C. s. 8102(a)(1)(B))


• making it a requirement that each employee to be engaged in the performance of the contract is given a copy of the statement required above; (41 U.S.C. s. 8102(a)(1)(C))


• notifying the employee in the statement required above that as a condition of employment on the contract the employee will:
• abide by the terms of the statement; and
• notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction. (41 U.S.C. s. 8102(a)(1)(D))


• notifying the contracting agency within 10 days after receiving notice from an employee of a conviction or otherwise receiving actual notice of a conviction; (41 U.S.C. s. 8102(a)(1)(E)) and


• imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted. (41 U.S.C. s. 8102(a)(1)(F))


• Payment under a contract awarded by a Federal agency may be suspended and the contract may be terminated, and the contractor or individual who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that:


• the contractor is violating, or has violated, the above requirements; (41 U.S.C. s. 8102(b)(1)(A)) or


• the number of employees of the contractor who have been convicted of violations of criminal drug statutes for violations occurring in the workplace indicates that the contractor has failed to make a good faith effort to provide a drug-free workplace as required. (41 U.S.C. s. 8102(b)(1)(B))


• A contractor or individual debarred by a final decision under this section is ineligible for award of a contract by a Federal agency, and for participation in a future procurement by a Federal agency, for a period specified in the decision, not to exceed 5 years. (41 U.S.C. s. 8102(b)(3))