What Does The Drug-Free Workplace Act Require?

The Drug-Free Workplace Act is often sited in Employer handbooks with little knowledge as to whether or not the Employer is even covered by the Act and if they are, the Employer has failed to do anything more than develop a policy that they fail to comply with.  The Drug-Free Workplace Act (DFWA), which applies to employers with federal contracts of at least $100,000 or with federal grants of any size, requires Employers to meet certain requirements designed to keep the Employers’ workplace free of illegal drugs.

To comply with DFWA, you must agree to:

1. Distribute to employees a policy statement prohibiting the unlawful manufacture, distribution, possession, or use of controlled substances in the workplace and specifying what actions are taken against employees who violate the policy;

2. establish a drug-free awareness program that informs employees about the dangers of workplace drug abuse, your company's drug-free workplace policy, and the availability of drug counseling, rehabilitation, and employee assistance programs;

3. inform employees that they are required as a condition of employment to comply with the drug-free workplace policy and inform you within five days of any conviction for unlawful drug-related activity at work;

4. notify the federal contracting or grant agency within 10 days of learning of employee convictions for illegal drug activity in the workplace;

5. take appropriate personnel action—including firing or requiring employees to participate in drug abuse treatment programs—within 30 days of receiving notice about employee convictions for criminal drug offenses occurring in the workplace; and

6. make an ongoing, good-faith effort to maintain a drug-free workplace by meeting the requirements of the act.

If you have any questions regarding the Drug-free Workplace Act, or a specific event that you need guidance on, HR-OneSource can provide help.  Please contact David L. Hansen, SPHR, CCP, hansend@hr-onesource.com or Jack Lipovac, SPHR, lipovacj@hr-onesource.com at (515) 221-1718.