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November 4, 2008    DOL Home > elaws Advisors > Drug-Free Workplace Advisor
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Drug-Free Workplace Act of 1988
Glossary of Terms

A legally enforceable agreement between a Federal agency and an individual or an organization.

The department, division or other unit of person(s) responsible for the performance under the contract.

Controlled Substance
A list of controlled substances can be found in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in Regulation 21 CFR 1308.11 – 1308.15.

A finding of guilt, including a plea of nolo contendre (no contest), or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or state criminal drug statutes.

Criminal Drug Statute
A Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.

Drug-Free Workplace
The site(s) for the performance of work done by the contractor/grantee in connection with a specific contract/grant at which employees of the contractor/grantee are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of any controlled substance.

Employee (Contract)
An employee of the contractor who is directly engaged in the performance of work under a government contract. "Directly engaged" is defined to include all direct-cost employees and any other contract employee who has other than minimal impact or involvement in contract performance.

Employee (Grant)
Any person who is on the grantee’s payroll and works in any activity under the grant even if not paid by grant funds. The definition includes all "direct charge" employees (those whose services are directly and explicitly paid for by grant funds) and "indirect charge" employees (those who perform support or overhead functions related to the grant and for which the Federal government pays its share of expenses under the grant program.) Those indirect charge employees whose impact or involvement is insignificant to the performance of the grant are exempted.

Federal Agency
Any United States executive department, military department, government corporation, government-controlled corporation, any other establishment in the executive branch, or any independent regulatory agency.

An award of financial assistance — including a cooperative agreement — in the form of money, or property in lieu of money, by a Federal agency directly to a grantee. The term grant includes block-grant and entitlement-grant programs. The term does not include any benefits to veterans or their families.

A person who applies for or receives a grant directly from a Federal agency. The place of performance of a grant is wherever activity under the grant occurs.

A grantee/contractor who is a "natural person." This wording emphasizes that an individual differs both from an organization made up of more than one individual and from corporations, which can be regarded as a single "person" for some legal purposes.

A grantee/contractor other than an individual.

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