[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 48CFR23.504]



[Page 471-472]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 23_ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE--Table of Contents

 

                    Subpart 23.5_Drug-Free Workplace

 

Sec. 23.504  Policy.



    (a) No offeror other than an individual shall be considered a 

responsible source (see 9.104-1(g) and 19.602-1(a)(2)(i)) for a contract 

that exceeds the simplified acquisition threshold, unless it agrees that 

it will provide a drug-free workplace by--

    (1) Publishing a statement notifying its employees that the unlawful 

manufacture, distribution, dispensing, possession, or use of a 

controlled substance is prohibited in the contractor's workplace, and 

specifying the actions that will be taken against employees for 

violations of such prohibition;

    (2) Establishing an ongoing drug-free awareness program to inform 

its employees about--

    (i) The dangers of drug abuse in the workplace;

    (ii) The contractor's policy of maintaining a drug-free workplace;

    (iii) Any available drug counseling, rehabilitation, and employee 

assistance programs; and

    (iv) The penalties that may be imposed upon employees for drug abuse 

violations occurring in the workplace;

    (3) Providing all employees engaged in performance of the contract 

with a copy of the statement required by paragraph (a)(1) of this 

section;

    (4) Notifying all employees in writing in the statement required by 

subparagraph (a)(1) of this section, that as a condition of employment 

on a covered contract, the employee will--

    (i) Abide by the terms of the statement; and

    (ii) Notify the employer in writing of the employee's conviction 

under a criminal drug statute for a violation occurring in the workplace 

no later than 5 days after such conviction;

    (5) Notifying the contracting officer in writing within 10 days 

after receiving notice under subdivision (a)(4)(ii) of this section, 

from an employee or otherwise receiving actual notice of such



[[Page 472]]



conviction. The notice shall include the postion title of the employee;

    (6) Within 30 days after receiving notice under subparagraph (a)(4) 

of this section of a conviction, taking one of the following actions 

with respect to any employee who is convicted of a drug abuse violation 

occurring in the workplace:

    (i) Taking appropriate personnel action against such employee, up to 

and including termination; or

    (ii) Requiring such employee to satisfactorily participate in a drug 

abuse assistance or rehabilitation program approved for such purposes by 

a Federal, State, or local health, law enforcement, or other appropriate 

agency.

    (7) Making a good faith effort to maintain a drug-free workplace 

through implementation of subparagraphs (a)(1) through (a)(6) of this 

section.

    (b) No individual shall be awarded a contract of any dollar value 

unless that individual agrees not to engage in the unlawful manufacture, 

distribution, dispensing, possession, or use of a controlled substance 

while performing the contract.

    (c) For a contract of 30 days or more performance duration, the 

contractor shall comply with the provisions of paragraph (a) of this 

section within 30 days after contract award, unless the contracting 

officer agrees in writing that circumstances warrant a longer period of 

time to comply. Before granting such an extension, the contracting 

officer shall consider such factors as the number of contractor 

employees at the worksite, whether the contractor has or must develop a 

drug-free workplace program, and the number of contractor worksites. For 

contracts of less than 30 days performance duration, the contractor 

shall comply with the provisions of paragraph (a) of this section as 

soon as possible, but in any case, by a date prior to when performance 

is expected to be completed.



[54 FR 4968, Jan. 31, 1989, as amended at 55 FR 21707, May 25, 1990; 55 

FR 38517, Sept. 18, 1990; 60 FR 34758, July 3, 1995; 61 FR 69292, Dec. 

31, 1996]