The Drug Free Workplace Act

If you are a federal contractor (for $100,000 or more) or grantee, you must comply with the Drug Free Workplace Act of 1988. Under this Act, you are required to:

• certify that you will provide a drug-free workplace
• publish a statement notifying your employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and stating what action will be taken against your employees for violations
• establish an ongoing, drug-free awareness program
• require each employee directly involved in the work of the contract or grant to notify you of any criminal drug statute convictions for a violation occurring in the workplace
• notify the federal government of such a violation
• require the imposition of sanctions or remedial measures for an employee convicted of a drug abuse violation in the workplace
• continue in good faith to comply with the above requirements

You are not required to:

• establish an employee assistance program
• implement a drug testing program

Transportation workers. Department of Transportation regulations require that many employers engaged in commercial transportation industries require workplace drug abuse programs. If you are in the transportation business, be sure to consult your attorney to determine your obligations under these regulations.