The Drug-Free Workplace Act of 1988
(Public Law 100-690)
US Department of Health and Human Services
Substance Abuse and Mental Health Services Administration
Division of Workplace Programs
http://dwp.samhsa.gov/index.aspx
The Drug-Free Workplace Act of 1988 requires Federal contractors and all Federal grantees to agree that they will provide Drug-Free Workplaces as a condition of receiving a contract or grant from a Federal agency.
Organizations must:
(A) publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's Workplace. The statement should also notify employees of any punitive actions that will be taken.
(B) establish an awareness program to inform employees about:
(i) the dangers of drug abuse in the Workplace;
(ii) the policy of maintaining a Drug-Free Workplace;
(iii) any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) and the penalties that may be imposed upon employees for drug abuse violations.
(C) make it a requirement that each employee be given a copy of the Workplace substance abuse policy.
If a contractor is found not to have a Drug-Free Workplace, each contract awarded by any federal agency shall be subject to suspension of payments under the contract or termination of the contract, or both. The contractor may also be ineligible for award of any contract by any federal agency, and for participation in any future procurement by any federal agency, for a period not to exceed 5 years.
Individual's Responsibilities:
Any individual engaged in activities funded by federal grants, contracts or cooperative agreements are required, as a condition of continued involvement, to comply with the university's policy on illicit drugs.
They must agree not to engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of this contract/grant.
Individuals employed with federal funds must notify, within five days of a conviction, their dean, director, department chair, or the Associate Dean of Research of any federal or state criminal drug-statue conviction for a violation occurring in the workplace. Failure to notify the appropriate supervisor of such a drug-statute conviction may result in disciplinary action up to and including termination.
For the purposes of this action, "workplace" is defined as any place, on or off campus, that an individual is performing duties within the scope of employment and/or within the scope of activities performed under federally-funded projects even if the individual performing the research is a student and not an employee of the university.
Any employee who engages in any of the above prohibited behavior may be referred to counseling or treatment, may be required to satisfactorily participate in a drug abuse assistance or rehabilitation program, may have current and future grant funding rescinded or denied, and may be subject to disciplinary action up to and including discharge.