Federal Assistance Manual Chapter 1-510

CHAPTER 1-5lO DRUG-FREE WORKPLACE

• 1-510-00 Purpose
  
• 1-510-10 Background
  
• 1-510-20 Applicability
  
• 1-510-30 Recipient Drug-Free Workplace Policy
  
• 1-510-40 Recipients Compliance
  
• 1-510-50 Sanctions for Non-Compliance

1-510-00 PURPOSE

The purpose of this chapter is to outline DOI, OSM and government-wide policies and procedures for compliance with the Drug-Free Workplace Act of 1988.

1-510-10 BACKGROUND

1. As part of omnibus anti-drug legislation, Congress enacted the Drug-Free Workplace Act of 1988 (P.L. 100-690), Title V, Subtitle D). The Act requires Federal recipients and contractors to certify that they maintain a drug-free workplace. The final rule implementing the Drug-Free Workplace Act of 1988 was published in the Federal Register (55 FR 21677-21709).

2. In February 22, 1995, the Department of the Interior issued a consolidated form, "Certifications Regarding Debarment Suspension and other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying" (Form DI-2010).

1-510-20 APPLICABILITY

1. . The drug-free workplace regulations apply to direct grants approved or awarded on or after March 18, 1989.

2. Subgrants and contracts under grants are exempt from the requirements of this regulation.

1-510-30 RECIPIENT DRUG-FREE WORKPLACE POLICY

1. To certify a drug-free workplace, a recipient must:
   1. Publish a statement (e.g., as part of a personnel policy or manual) that informs employees that the manufacture, distribution, possession or use of a controlled substance in the recipient's workplace is prohibited. The statement must identify the site or sites of the performance of the grant and the penalties to be imposed on employees who violate the recipient's drug-free workplace policy.

   2. Establish a drug-free awareness program to inform employees of the dangers of drug abuse in the workplace, the recipients policy of maintaining a drug-free workplace, and any available drug rehabilitation and employee assistance programs.

2. Recipients are not required to provide or pay for drug rehabilitation programs. Costs incurred by recipients to comply with the regulation are allowable.

1-510-40 RECIPIENT COMPLIANCE

1. The drug-free workplace certification is a precondition of receiving an OSM grant.
   1. Indian tribes shall make the appropriate certification using form Dl 2010, Part C, as part of each application package.

   2. States may elect to make one certification, using form Dl 2010, Part C, in each Federal fiscal year. This certification shall cover all grants to all State agencies from any Federal agency. The State shall retain the original of this statewide certification in its Governor's office and shall submit a copy as part of each new grant application. Submittal of a copy of the certification is required with each grant application because the Department has declined to designate a central location for certification submission.

      State agencies to which the statewide certification does not apply, or a State agency in a State that does not have a statewide certification, may elect to make one certification in each Federal fiscal year. The State agency shall retain the original of this State agency-wide certification in its central office and shall submit a copy as part of each new grant application.

2. All employees engaged in the performance of the grant must be given the drug-free workplace policy and be informed that they must comply with the policy as a condition of employment under the grant.

3. Recipients must include in their drug-free workplace policy a requirement that employees notify the recipient of any "criminal drug statute" conviction for a violation occurring in the workplace within five days of the conviction. OSM must be notified within 10 days after the recipient receives notice of such a conviction. Within 30 days of notice of an employee's conviction for a drug violation in the workplace, a recipient must:
   1. Take appropriate personnel action against the employee, which can include termination; or

   2. Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program that is approved by a Federal, State or local health, law enforcement or other appropriate agency.

1-510-50 SANCTIONS FOR NON-COMPLIANCE

1. Non-compliance. A recipient is deemed to be in non-compliance with the drug-free workplace regulation if:
   1. The recipient has made a false certification;

   2. The recipient has violated the certification; or

   3. The recipient has failed to make a good faith effort to provide a drug-free workplace (e.g., several employees are convicted of criminal drug statute violations that occurred in the workplace).

2. Sanctions. The recipient shall be subject to one or more of the following sanctions, if the responsible OSM office determines that the recipient is in non-compliance with the drug-free workplace regulation:
   1. Suspension of payments under the grant;

   2. Suspension or termination of the grant; and

   3. Suspension or debarment from all federally-assisted activities. (The drug-free workplace regulation is an amendment to the nonprocurement debarment and suspension regulation.)

FEDERAL ASSISTANCE MANUAL
January 2, 1998