CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
This certification is required by the regulations
implementing the Drug-Free Workplace Act of 1988: 45 CFR Part 76, Subpart,
F. Sections 76.630(c) and (d)(2) and 76.645(a)(1) and (b) provide that a
Federal agency may designate a central receipt point for STATE-WIDE AND
STATE AGENCY-WIDE certifications, and for notification of criminal drug
convictions. For the Department of Health and Human Services, the central
pint is: Division of Grants Management and Oversight, Office of Management
and Acquisition, Department of Health and Human Services, Room 517-D, 200
Independence Avenue, SW Washington, DC 20201.
Certification Regarding Drug-Free Workplace Requirements
(Instructions for Certification)
1. By signing and/or submitting this application or grant agreement, the
grantee is providing the certification set out below.
2. The certification set out below is a material representation of fact
upon which reliance is placed when the agency awards the grant. If it is
later determined that the grantee knowingly rendered a false certification,
or otherwise violates the requirements of the Drug-Free Workplace Act, the
agency, in addition to any other remedies available to the Federal Government,
may take action authorized under the Drug-Free Workplace Act.
3. For grantees other than individuals, Alternate I applies.
4. For grantees who are individuals, Alternate II applies.
5. Workplaces under grants, for grantees other than individuals, need not
be identified on the certification. If known, they may be identified in
the grant application. If the grantee does not identify the workplaces at
the time of application, or upon award, if there is no application, the
grantee must keep the identity of the workplace(s) on file in its office
and make the information available for Federal inspection. Failure to identify
all known workplaces constitutes a violation of the grantee's drug-free
workplace requirements.
6. Workplace identifications must include the actual address of buildings
(or parts of buildings) or other sites where work under the grant takes
place. Categorical descriptions may be used (e.g., all vehicles of a mass
transit authority or State highway department while in operation, State
employees in each local unemployment office, performers in concert halls
or radio studios).
7. If the workplace identified to the agency changes during the performance
of the grant, the grantee shall inform the agency of the change(s), if it
previously identified the workplaces in question (see paragraph five).
8. Definitions of terms in the Nonprocurement Suspension and Debarment common
rule and Drug-Free Workplace common rule apply to this certification. Grantees'
attention is called, in particular, to the following definitions from these
rules:
Controlled substance means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C. 812) and as further
defined by regulation (21 CFR 1308.11 through 1308.15);
Conviction means a finding of guilt (including a plea of nolo contendere)
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 means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession
of any controlled substance;
Employee means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All direct charge employees;
(ii) All indirect charge employees unless their impact or involvement is
insignificant to the performance of the grant; and, (iii) Temporary personnel
and consultants who are directly engaged in the performance of work under
the grant and who are on the grantee's payroll. This definition does not
include workers not on the payroll of the grantee (e.g., volunteers, even
if used to meet a matching requirement; consultants or independent contractors
not on the grantee's payroll; or employees of subrecipients or subcontractors
in covered workplaces).
Certification Regarding Drug-Free
Workplace Requirements
Alternate I. (Grantees Other Than Individuals)
The grantee certifies that it will or will continue to provide a drug-free
workplace by:
(a) Publishing a statement notifying employees
that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation
of such prohibition;
(b) Establishing an ongoing drug-free awareness
program to inform employees about --
(1)The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free
workplace;
(3) Any available drug counseling, rehabilitation,
and employee assistance programs; and
(4) The penalties that may be imposed upon employees
for drug abuse violations occurring in the workplace;
c) Making it a requirement that each employee to
be engaged in the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required
by paragraph (a) that, as a condition of employment under the grant, the
employee will --
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her
conviction for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten
calendar days after receiving notice under paragraph (d)(2) from an employee
or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to
every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central
point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
(f) Taking one of the following actions, within
30 calendar days of receiving notice under paragraph (d)(2), with respect
to any employee who is so convicted --
(1) Taking appropriate personnel action against
such an employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily
in a drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain
a drug-free workplace through implementation of paragraphs (a), (b), (c),
(d), (e) and (f).
(B) The grantee may insert in the space provided
below the site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here.
Alternate II. (Grantees Who Are Individuals)
(a) The grantee certifies that, as a condition
of the grant, he or she will not engage in the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance in conducting
any activity with the grant;
(b) If convicted of a criminal drug offense
resulting from a violation occurring during the conduct of any grant
activity, he or she will report the conviction, in writing, within 10
calendar days of the conviction, to every grant officer or other designee,
unless the Federal agency designates a central point for the receipt
of such notices. When notice is made to such a central point, it shall
include the identification number(s) of each affected grant.
[55 FR 21690, 21702, May 25, 1990]
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