The Catholic University of America

Summary of Federal Laws

Compliance Partners

Associate Provost for Research
AVP for Human Resources

Government Contracts

Drug-Free Work Place Act of 1988

41 U.S.C. § 701 et seq.; 34 C.F.R. Part 85, 34 C.F.R. §§ 85.605 and 85.610, 45 C.F.R. § 630.100 et seq. for National Science Foundation grantees; 48 C.F.R. § 52.223-6 for contracts, and 48 C.F.R. § 23.504 and 48 CFR 252.223-7004.

Requires institutions that receive grants and certain contracts from any federal agency to certify that it will provide a drug-free work place by complying with the requirements set forth in Section 706(2) of the Act. The employer must establish an ongoing drug-free awareness program. The clause requires a specific agreement with workers on contracts or grants. The employee must notify the employer of any criminal drug conviction for a work place violation within five days after conviction. The employer must notify the contracting or granting agency within 10 days after receiving notice from the employee. The requirement for certification in contracting was removed pursuant to Section 4301(a)(3), Pub. L. No. 104-106, 110 Stat. 186 (1996). The word agree is now substituted for the word certify. The above provisions apply to contracts of at least $100,000. The requirement for certification with respect to grants remains the same.

Sample text to go to all those employed under a grant or contract:

Every employee (including students) employed on a federal grant must understand that as a condition of being employed under the grant, the employee acknowledges and agrees to abide by the CUA Drug and Alcohol Abuse Policy online at http://policies.cua.edu/employment/other/drugsalcohol.cfm.
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol by a student or employee on university property or as any part of a university-sponsored program off campus is strictly prohibited.
The Drug Free Policy applies to all members of the community, not just those employed under a grant. As a condition of enrollment and employment, each student, faculty member and staff member will abide by the terms of this policy and will notify the dean of students (in the case of students), the provost (in the case of faculty) and the director of human resources (in the case of staff) no later than five days after any conviction for a criminal drug statute offense or alcohol offense committed on university property or as any part of a university-sponsored program off campus. Failure to comply with these conditions will constitute unsatisfactory conduct and lead to appropriate sanctions. Violations of the CUA drug and alcohol policy which are also violations of federal or local law may be referred to the appropriate agencies. In such situations, cases may proceed concurrently at the university and in the criminal justice system.

Drug Free Workforce

48 C.F.R. § 252.223-7004: This clause must be used in all solicitations and contracts involving access to classified information or necessary for national security. The clause requires establishment of a program for achieving a drug-free work place, including supervisory training, random drug testing, and employee assistance programs, or reasonable alternatives.

 

Resources

Institute for a Drug Free Workplace

 

 

CCR updated CFR links 5/29/15