EDGAR Part 84 Subpart B (Requirements for Recipients Other Than Individuals)
Subpart B_Requirements for Recipients Other Than Individuals
Sec. 84.200 What must I do to comply with this part?
There are two general requirements if you are a recipient other than
an individual.
(a) First, you must make a good faith effort, on a continuing basis,
to maintain a drug-free workplace. You must agree to do so as a
condition for receiving any award covered by this part. The specific
measures that you must take in this regard are described in more detail
in subsequent sections of this subpart. Briefly, those measures are to--
(1) Publish a drug-free workplace statement and establish a drug-
free awareness program for your employees (see Sec. Sec. 84.205 through
84.220); and
(2) Take actions concerning employees who are convicted of violating
drug statutes in the workplace (see Sec. 84.225).
(b) Second, you must identify all known workplaces under your
Federal awards (see Sec. 84.230).
Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
Sec. 84.205 What must I include in my drug-free workplace statement?
You must publish a statement that--
(a) Tells your employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance
is prohibited in your workplace;
(b) Specifies the actions that you will take against employees for
violating that prohibition; and
(c) Lets each employee know that, as a condition of employment under
any award, he or she:
(1) Will abide by the terms of the statement; and
(2) Must notify you in writing if he or she is convicted for a
violation of a criminal drug statute occurring in the workplace and must
do so no more than five calendar days after the conviction.
(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
Sec. 84.210 To whom must I distribute my drug-free workplace
statement?
You must require that a copy of the statement described in Sec.
84.205 be given to each employee who will be engaged in the performance
of any Federal award.
Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
Sec. 84.215 What must I include in my drug-free awareness program?
You must establish an ongoing drug-free awareness program to inform
employees about--
(a) The dangers of drug abuse in the workplace;
(b) Your policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(d) The penalties that you may impose upon them for drug abuse
violations occurring in the workplace.
(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
Sec. 84.220 By when must I publish my drug-free workplace statement
and establish my drug-free awareness program?
If you are a new recipient that does not already have a policy
statement as described in Sec. 84.205 and an ongoing awareness program
as described in Sec. 84.215, you must publish the statement and
establish the program by the time given in the following table:
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If . . . then you . . .
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(a) The performance period of the award must have the policy statement
is less than 30 days. and program in place as soon
as possible, but before the
date on which performance is
expected to be completed.
(b) The performance period of the award must have the policy statement
is 30 days or more. and program in place within 30
days after award.
(c) You believe there are extraordinary may ask the ED awarding
circumstances that will require more official to give you more time
than 30 days for you to publish the to do so. The amount of
policy statement and establish the additional time, if any, to be
awareness program. given is at the discretion of
the awarding official.
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(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
Sec. 84.225 What actions must I take concerning employees who are
convicted of drug violations in the workplace?
There are two actions you must take if an employee is convicted of a
drug violation in the workplace:
(a) First, you must notify Federal agencies if an employee who is
engaged in the performance of an award informs you about a conviction,
as required by Sec. 84.205(c)(2), or you otherwise learn of the
conviction. Your notification to the Federal agencies must--
(1) Be in writing;
(2) Include the employee's position title;
(3) Include the identification number(s) of each affected award;
(4) Be sent within ten calendar days after you learn of the
conviction; and
(5) Be sent to every Federal agency on whose award the convicted
employee was working. It must be sent to every awarding official or his
or her official designee, unless the Federal agency has specified a
central point for the receipt of the notices.
(b) Second, within 30 calendar days of learning about an employee's
conviction, you must either--
(1) Take appropriate personnel action against the employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973 (29 U.S.C. 794), as amended; or
(2) Require the employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for these purposes
by a Federal, State or local health, law enforcement, or other
appropriate agency.
(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
Sec. 84.230 How and when must I identify workplaces?
(a) You must identify all known workplaces under each ED award. A
failure to do so is a violation of your drug-free workplace
requirements. You may identify the workplaces--
(1) To the ED official that is making the award, either at the time
of application or upon award; or
(2) In documents that you keep on file in your offices during the
performance of the award, in which case you must make the information
available for inspection upon request by ED officials or their
designated representatives.
(b) Your workplace identification for an award must include the
actual address of buildings (or parts of buildings) or other sites where
work under the award 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).
(c) If you identified workplaces to the ED awarding official at the
time of application or award, as described in paragraph (a)(1) of this
section, and any workplace that you identified changes during the
performance of the award, you must inform the ED awarding official.
(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
EDGAR version June 23, 2005
