Drug Free Workplace Act

Are you familiar with your drug testing laws? The Drug Free Workplace Act of 1988 imposes certain requirements on federal contractors and recipients of federal grants, specifically to take various actions to provide a workplace free of drug use. The Act does not require, but does not prohibit, drug testing as part of such a program.

This applies to all companies receiving federal procurement contracts for more than $25,000.00, to be performed in whole or part in the United States, awarded on or after March 18, 1989, must comply with the Act. The Act does not apply, however, to subcontractors.

Requirements
Essentially, the Act requires federal contractors to certify that they have established a program to promote a drug free workplace by doing the following:

• Publishing a statement notifying employees that the unlawful manufacture, distribution, possession or use of a controlled substance in the workplace is prohibited, specifying what actions will be taken if this policy is violated and requiring that each employee receive a copy of the same;
• Establishing a drug free awareness program to inform employees about the dangers of drug abuse in the workplace, employer policies regarding the same, available counseling, rehabilitation or employee assistance programs and penalties for drug abuse violations;
• Requiring and notifying employees that, as a condition of their employment, they must abide by drug free workplace policies and must notify the employer of any criminal drug convictions within five days of the same;
• Notifying the federal contracting agency within ten days of any notice of employee drug convictions;
• Disciplining and/or requiring employees convicted of criminal drug offenses to participate in a rehabilitation program;
• Making a good faith effort to maintain a drug free workplace by implementing the program outline above.

Enforcement
Violations of the Act can result in the loss or suspension of specific federal contracts and/or debarment from receiving any federal contracts for up to five years. The Act is enforced by individual governmental contract-awarding agencies.

 

 

Despite being contracted by the government, employers and employees should be made aware of drug laws and the prohibition in the work environment. It is important to stay clean and free of any drugs that are not for medicinal purposes. keeping healthy and safe and just as important as your career.