[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR630.225]



[Page 187-188]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 630_GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL 

ASSISTANCE)--Table of Contents

 

      Subpart B_Requirements for Recipients Other Than Individuals

 

Sec. 630.225  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. 630.205(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--



[[Page 188]]



    (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.