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Drug-Free Workplace Act
The federal Drug-Free Workplace Act can refer to either of two acts that were passed in 1988 and 1992, respectively. Both Drug-Free Workplace Acts apply to employers seeking federal contracts of $25,000 or more as well as federal grantees. These employers must certify that they will provide a drug-free workplace. The law doesn't require alcohol or drug testing, but testing is implicitly authorized as a means to maintain a drug-free workplace. Related articles on the Drug-Free Workplace Act They are essentially the same, but the Drug-Free Workplace Act of 1992 requires further steps to creating a drug-free workplace to include drug testing of all employees in sensitive positions and provisions for anti-drug education and training. Employers whose companies fall under this category must have a policy prohibiting the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace and specifying what actions will be taken in the event of violations. If an employee is convicted of a drug crime that occurred in your workplace, you must take certain actions against the employee and notify the contracting or granting government agency. Failure to comply with these provisions or any of the Act’s other requirements can result in serious consequences. If a contractor violates the above-stated requirements, its contract may be suspended or even terminated. Additionally, if enough of a contractor's employees have been convicted of criminal drug offenses for conduct occurring in the workplace, a federal agency can conclude that the contractor has failed to make a good-faith effort to provide a drug-free workplace and the same serious consequences of contract suspension or termination may follow.
Related articles on the Drug-Free Workplace Act from the State Employment Law Letters
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