Any organization receiving a federal grant of any size. Smaller agencies may choose to combine several of the duties listed into a. The components of the drugfree workplace vary based on whether the contractorgrantee is an individual or an organization, with organizations having more. Drugfree workplace act of 1988 in order to comply with the drugfree workplace act of 1988, pub. President reagan and the drug free workplace act of 1988 president ronald reagan saw drug abuse sweeping the military and the entire nation and understood the importance of and the benefits to implementing drug testing programs. Federal drug free workplace act of 1988 usa mobile drug. Reported to house with amendments 08051988 reported to house from the committee on government operations with amendment, h. Top five myths about the drugfree workplace act the hr. Drugfree workplace act of 1988 fitchburg state university. The most important piece of legislation regulating federal contractors and grantees is the drugfree workplace act of 1988 pdf 211 kb. Drug abuse, while at work or otherwise, seriously endangers the safety. News info ca drugfree workplace act of 1990 roberts.
Implementation of omb guidance on drugfree workplace. The act requires organizations and companies to agree. Under the act, a drugfree workplace policy is required for. The university of wyoming complies with requirements set forth in the drugfree workplace act of. Drugfree workplace act of 1988 sets forth drugfree workplace requirements for federal grantees and contractors. Drug free workplace act of 1988 running head drugfree. Sets forth rules for such proceedings and the effect of such debarment. April 24, 1989 in order to ensure compliance with the drugfree workplace act of 1988, you are urged to give immediate attention to the following statement of policy on the prohibition of unlawful controlled substances and. It is the intent of the legislature to promote drugfree workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive. This program is intended to conform to the requirements of the fwcl. A bill must be passed by both the house and senate in identical form and then be signed by the president to become law. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Federal contractors and grantees samhsa substance abuse. In november 1988, president reagan signed the drugfree workplace act of 1988.
C any available drug counseling, rehabilitation, and employee assistance programs. Substance abuse is counterproductive to workplace safety, health, and productivity. That was why the federal government decided to take action against it by creating a drugfree workplace. The drugfree workplace act of 1988 requires many federal contractors and grantees to maintain drugfree workplaces in order to receive contracts or grants from a specific federal agency. Certification regarding drugfree workplace requirements this certification is required by the regulations implementing the drugfree workplace act of 1988. Headlines screamed across the country when colorado became the first state to recognize the constitutional right to use marijuana for any reason by adults ages 21 and older. Drugfree workplace requirements for federal contractors. Drug free workplace act of 1988 learn all about it. A workplace where the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited. Department, robert garran offices, national circuit, barton act 2600 or. B the persons or organizations policy of maintaining a drugfree workplace. The city of columbia, in conformity with the drug free workplace act of 1988, has adopted a policy mandating that the manufacture, distribution, dispensation, possession or use of nonprescribed controlled substances, or the use of alcohol, or the unauthorized distribution or sale of alcohol is unlawful and is prohibited in city workplaces. Worker adjustment and retraining notification act of 1988. Drug free workplace act of 1988 uncomplicating management.
B at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of the antidrug abuse act of 1988 public law 100690, 102 stat. Mandatory guidelines for federal workplace drug testing programs. Introduced in house 04261988 drugfree workplace act of 1988 prohibits any executive agency from making federal financial assistance available to, or entering into a contract with, any entity including any educational institution that fails to maintain drugfree workplaces. Health act hitech should be clearly stated in the guidelines. Drugfree workplace act of 1988 the drugfree workplace act of 1988 act is a u. Drugfree workplace act employee screening services. Drugfree workplace requirements for federal grant recipients 8104. Sets forth grounds for suspension, termination, or debarment of grantees or contractors who have violated such requirements. Drugfree workplace act of 1988 law and legal definition. Federal omnibus transportation employer testing act of 1991. A bill to require the recipients of federal grants and contracts to maintain drugfree workplaces, and for other purposes. The drugfree workplace act of 1988 requires most federal government contractors and federal grantees to take specific steps to ensure a drugfree workplace. Cornell college employee policy for a drug free campus cornell college will promote the development of a drug free environment consistent with the drug free workplace act of 1988 and the drug free schools and communities act amendments of 1989.
Workrelated alcohol and drug use safe work australia. The drugfree workplace act of 1988 also requires certain federal contractors and grantees to maintain a drugfree workplace. Promote a drugalcoholfree workplace by providing training and information which informs employees, supervisors, and managers of the requirements of this chapter and the impact of. Prepare and distribute a formal drugfree workplace policy statement. When considering whether to implement a drug and alcohol testing program, employers should be aware that, for most employers, testing is not required or regulated under the federal drugfree workplace act of 1988. Required maintenance, however, is more through awareness programs and policy not drug testing. A federal agency shall not make a contract with an individual unless the individual agrees not to engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Model plan for a comprehensive drugfree workplace program. This bill was introduced in the 105 th congress, which met from jan 7, 1997 to. They created a framework that expanded federal drug testing to cover private corporations with government contracts, all with the intention of reducing if not eliminating employee drug use at the workplace.
Department of commerce commerce is removing its regulation implementing the prior governmentwide common rule on drugfree workplace requirements for financial assistance, and issuing a new regulation to adopt updated office of management and budget omb guidance on the topic. For the purposes of this subtitle 1 the term drugfree workplace means a site for the performance of work done in. Drugfree workplace requirements for federal contractors 8103. Based on these obligations, and to comply with such workplace regulations as the drug free workplace act of 1988 and the drug free schools and communities act of 1989, this notice has been developed.
Australia and overseas on drug and alcohol use in the workplace from 1992 to 2006. As a federal contractor, the research foundation rf must comply with the requirements of the drugfree workplace act of 1988, which is a part of public law 100690, antidrug abuse act of 1988. The drugfree workplace act of 1988 requires some federal contractors and all federal. In 1986, the government recognized that drug abuse was the reason of negative outcomes in the workforce, and big loss of billions of dollars lost in productivity each year. In support of this presidential initiative, congress passed the antidrug abuse act of 1988 and the drugfree workplace act of 1988. The drugfree workplace act of 1988 requires some federal contractors and all federal grantees to agree that they will provide drugfree workplaces as a condition of receiving a contract or grant from a federal agency. The act does not apply to those that do not have, nor intend to apply for, contractsgrants from the federal government. The law doesnt require alcohol or drug testing, but testing is implicitly authorized as a means to maintain a drugfree workplace. Recipients are required to maintain a drug free workplace for all awardrelated employees. The drugfree schools and communities act amendments of 1989 and the drugfree workplace act of 1988 require all schools and institutions of higher education to adopt and implement a program to prevent the illicit use of drugs and the abuse of alcohol by students and. Drugfree workplace law and legal definition uslegal, inc. Coker university intends to comply with the requirements of the drugfree. Consultation with an attorney is warranted to ensure compliance with state and federal law, particularly with nonregulated industries outside the scope of the drugfree workplace act of 1988, which mandates a drugfree workplace for recipients of federal contracts and grants. Eri economic research institute was founded over 30 years ago to provide compensation applications for private and public organizations.
Drugfree workplace act of 1988 grambling state university. To employers stimulated to act on their own or to those acting in response to a federal requirement or incentive, this publication offers a model drugfree workplace plan to use as. Drugfree workplace policy statement employee acknowledgement form in 1988, congress enacted the drugfree workplace act. Drug free workplace act of 1988 the drug free workplace. The drugfree workplace act of 1988 requires recipients of federal monies to. Employees are expected and required to report to work on time and in appropriate mental and physical condition to be able to safely perform the duties of their job. The drugfree workplace act of 1988 41 usc 701 et seq.
Testing programs guidelines in the federal register fr on april 11, 1988 53 fr 11979. Drug free workplace act of 1988 established the standards for drug free workplace programs. Drugfree schools and communities act and drugfree workplace act. The collector must never combine urine collected from separate voids to. The act which added this article became effective october 1, 1995. Tagged as ada, drug free workplace act of 1988, employment, employment law, massachusetts, medical cannabis, medical marijuana, occupational safety and health act, oregon, washington topics. The workplace act directly affects federal contractors as well as organizations that receive grants from the federal government. The drugfree workplace act applies only to federal contractors and grantees.
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