[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1260.38]



[Page 290-291]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1260_GRANTS AND COOPERATIVE AGREEMENTS--Table of Contents

 

                            Subpart A_General

 

Sec. 1260.38  Drug-free workplace.



                           Drug-Free Workplace



                              October 2000



    (a) Definitions. As used in this provision--

    Controlled substance means a controlled substance in schedules I 

through V of section 202 of the Controlled Substances Act (21 U.S.C. 

812) and as further defined in regulation at 21 CFR 1308.11 through 

1308.15.

    Conviction means a finding of guilt (including a plea of nolo 

contendere) or imposition of sentence, or both, by any judicial body 

charged with the responsibility to determine violations of the Federal 

or State criminal drug statutes.

    Criminal drug statute means a Federal or non-Federal criminal 

statute involving the manufacture, distribution, dispensing, possession, 

or use of any controlled substance.

    Drug-free workplace means the site(s) for the performance of work 

done by the Recipient in connection with a specific grant or cooperative 

agreement at which employees of the Recipient are prohibited from 

engaging in the unlawful manufacture, distribution, dispensing, 

possession, or use of a controlled substance.

    Employee means an employee of a Recipient directly engaged in the 

performance of work under a Government grant or cooperative agreement. 

``Directly engaged'' is defined to include all direct cost employees and 

any other Recipient employee who has other than a minimal impact or 

involvement in performance of the grant or cooperative agreement.

    Individual means a Proposer/Recipient that has no more than one 

employee including the Proposer/Recipient.

    (b) The Recipient, if other than an individual, shall--within 30 

days after award (unless a longer period is agreed to in writing), or as 

soon as possible for grants and cooperative agreements of less than 30 

days performance duration--

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

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

controlled substance is prohibited in the Recipient's workplace and 

specifying the actions that will be taken against employees for 

violations of such prohibition;

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

employees about--

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

    (ii) The Recipient'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) Provide all employees engaged in performance of the grant or 

cooperative agreement with a copy of the statement required by paragraph 

(b)(1) of this provision;

    (4) Notify such employees in writing in the statement required by 

paragraph (b)(1) of this provision that, as a condition of continued 

employment on the grant or cooperative agreement, 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) Notify the Grant Officer in writing within 10 days after 

receiving notice under paragraph (b)(4)(ii) of this provision, from an



[[Page 291]]



employee or otherwise receiving actual notice of such conviction. The 

notice shall include the position title of the employee;

    (6) Within 30 days after receiving notice under paragraph (b)(4)(ii) 

of this provision of a conviction, take 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) Require 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; and

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

through implementation of paragraphs (b)(1) through (b)(6) of this 

provision.

    (c) The Recipient, if an individual, agrees by acceptance of the 

grant or cooperative agreement, not to engage in the unlawful 

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

controlled substance during performance.

    (d) In addition to other remedies available to the Government, the 

Recipient's failure to comply with the requirements of paragraph (b) or 

(c) of this provision may render the Recipient subject to suspension of 

payments, termination of the grant or cooperative agreement, and 

suspension or debarment.



                           [End of provision]