['Drug and Alcohol Testing']
['Drug Free Workplace']
05/17/2022
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
November 18, 1988 H.R. 5210--124
The enactment of this Act by a national training unit established by the Secretary.
§5145. DEFINITIONS.
For purposes of this chapter.
(1) CONTROLLED SUBSTANCE.--The term "controlled substance" has the meaning given such term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(2) SECRETARY . -- The term "Secretary" means the Secretary of Housing and Urban Development.
§5146. REGULATIONS.
Not later than 6 months after the date of the enactment of this Act, the Secretary shall issue any regulations necessary to carry out this chapter.
SUBTITLE D--DRUG-FREE WORKPLACE Act of 1988
§5151 SHORT TITLE.
This subtitle may be cited as the "Drug-Free Workplace Act of 1988".
§5152 DRUG-FREE WORKPLACE REQUIREMENTS FOR FEDERAL CONTRACTORS.
(a) DRUG-FREE WORKPLACE REQUIREMENTS.-
(a)(1) REQUIREMENT FOR PERSONS OTHER THAN INDIVIDUALS.--No person, other than an individual, shall be considered a responsible source, under the meaning of such term as defined in section 4(8) of the Federal Procurement Policy Act (41 U.S.C. 403(8)), for the purposes of being awarded a contract for the procurement of any property or services of a value of $25,000 or from any Federal agency unless such person has certified to the contracting agency that it will provide a drug-free workplace by-
(a)(1)(A) publishing 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 such prohibition:
(a)(1)(B) establishing a drug-free awareness program to inform employees about-
(a)(1)(B)( i) the dangers of drug abuse in the workplace;
(a)(1)(B)(ii) the person's policy of maintaining a drug-free workplace;
(a)(1)(B)(iii) any available drug counseling, rehabilitation, and employee assistance programs; and
(a)(1)(B)(iv) the penalties that may be imposed upon employees for drug abuse violations;
(a)(1)(C) making it a requirement that each employee to be engaged in the performance of such contract be given a copy of the statement required by subparagraph (A);
(a)(1)(D) notifying the employee in the statement required by subparagraph (A), that as a condition of employment on such contract, the employee will-
(a)(1)(D)( i) abide by the terms of the statement; and H.R. 5210--125
(a)(1)(D)(ii) notify the employer of any criminal drug statue conviction for a violation occurring in the workplace no later than 5 days after such conviction:
(a)(1)(E) notifying the contracting agency within 10 days after receiving notice under subparagraph D (ii) from an employee or otherwise receiving actual notice of such conviction;
(a)(1)(F) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by section 5154; and
(a)(1)(G) making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (A), (B), (C), (D), (E), and (F).
(a)(2) REQUIREMENT FOR INDIVIDUALS.--No Federal agency shall enter into a contract with an individual unless such contract includes a certification by the individual that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract.
(b) SUSPENSION, TERMINATION, OR DEBARMENT OF THE CONTRACTOR.-
(b)(1) GROUNDS FOR SUSPENSION, TERMINATION, OR DEBARMENT . -- Each contract awarded by a Federal agency shall be subject to suspension of payments under the contract or termination of the contract, or both, and the contractor thereunder or the individual who entered the contract with the Federal agency, as applicable, shall be subject to suspension or debarment in accordance with the requirements of this section if the head of the agency determines that-
(b)(1)(A) the contractor or individual has made a false certification under subsection (a);
(b)(1)(B) the contractor violates such certification by failing to carry out the requirements of subparagraph (A), (B), (C), (D), (E), or (F) of subsection (a)(1); or
(b)(1)(C) such a number of employees of such contractor have been convicted of violations of criminal drug statutes for 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 as required by subsection (a).
(b)(2) CONDUCT OF SUSPENSION, TERMINATION, AND DEBARMENT PROCEEDINGS.-
(b)(2)(A) If a contracting officer determines, in writing, that cause for suspension of payments, termination, or suspension or debarment exists, an appropriate action shall be initiated by a contracting officer of the agency, to be conducted by the agency concerned in accordance with the Federal Acquisition Regulation and applicable agency procedures.
(b)(2)(B) The Federal Acquisition Regulation shall be revised to include rules for conducting suspension and debarment proceedings under this subsection, including rules providing notice, opportunity to respond in writing or in person, and such other procedures as may be necessary to provide a full and fair proceeding to a contractor or individual in such proceeding.
(b)(3) EFFECT OF DEBARMENT.--Upon issuance of any final decision under this subsection requiring debarment of a contractor or individual, such contractor or individual shall be ineligible for award of any contract by any Federal agency, and for H.R. 5210--126 participation in any future procurement by any Federal agency, for a period specified in the decision, not to exceed 5 years.
§5153. DRUG-FREE WORKPLACE REQUIREMENTS FOR FEDERAL GRANT RECIPIENTS.
(a) DRUG-FREE WORKPLACE REQUIREMENT.-
(a)(1) PERSONS OTHER THAN INDIVIDUALS.--No person, other than an individual, shall receive a grant from any Federal agency unless such person has certified to the granting agency that it will provide a drug-free workplace by-
(a)(1)(A) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition;
(a)(1)(B) establishing a drug-free awareness program to inform employees about-
(a)(1)(B)( i) the dangers of drug abuse in the workplace;
(a)(1)(B)(ii) the grantee's policy of maintaining a drug-free workplace;
(a)(1)(B)(iii) any available drug counseling, rehabilitation, and employee assistance programs; and
(a)(1)(B)(iv) the penalties that may be imposed upon employees for drug abuse violations;
(a)(1)(C) making it a requirement that each employee to be engaged in the performance of such grant be given a copy of the statement required by subparagraph (A);
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