Drug Free WorkPlace Policy
Process Owner
Senior Executive Human Resources
Scope/Applicability
This procedure applies to all employees of GovC as well as subcontractors, labor hour contractors, independent consultants and anyone working at GovC facilities.
Policy
GovC maintains and ensures a drug-week workplace and workforce.
Offenders of this policy will be subject to disciplinary action to include termination.
Definitions
Controlled Substance - A drug/drug compound listed in Schedules I through V of Section 202 of the Controlled Substances Act.
Conviction - A finding of guilt or imposition of sentence or both by a judicial body with responsibility for determining violations of the Federal or State criminal drug statues.
Criminal Drug Statute - A Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.
Drug-Free Workforce - Employees who do not use illegal drugs or controlled substances.
Drug-Free Workplace - A worksite that is free from drugs, and where they are prohibited.
Drug Trafficking - Buying, selling, distributing, dispensing or dealing in illegal drugs.
Sensitive Position - Having access to classified information.
Purpose
As a federal contractor, GovC complies with all contractual obligations. This policy to meet those obligations.
Responsibilities
Employees
All employees are responsible for adherence to the policy.
Procedure
Conditions of Employment
Employees, consultants, contractors must certify in writing that they understand this policy and agree to abide by it. If convicted of a drug offense, the individual shall promptly notify their supervisor.
Training
- All employees shall be notified of the policy and procedures.
- Employees will understand that non-compliance with this policy may include disciplinary action and/or termination.
Sample Policy
BACKGROUND
The Drug Free Work Place Act of 1988, established requirements for U.S. Government (USG) contractors to follow regarding having a drug free workplace.
One of Govcwiki’s chief objectives is to provide a safe, healthy and pleasant working environment for its employees. Employees also expect one another to be in suitable mental and physical condition while at work. Part of this expectation is that the workplace will be completely free from the presence of illegal drugs, controlled substances and unauthorized alcoholic beverages. On their free time, employees make their own individual life-style choices and are responsible for their own health and well-being. However, these individual choices cannot be permitted to jeopardize our work together at Govcwiki. An employee's involvement with alcohol or drugs, either on or off the job, can adversely affect job performance, threaten the safety of other employees or have an impact on our ability to achieve business and other objectives that are important to us all. None of us wants to accept these risks, and Govcwiki will not tolerate them. All employees are required to report to work on schedule, alert, in proper condition to perform their duties, and to remain in that condition throughout the work day.
PURPOSE
To establish Govcwiki as a workplace free of illegal drug or alcohol, and as such a safe, health, work environment.
SCOPE
Any Govcwiki entity such as Divisions, SBUs, and BUs that have costs that are either directly or indirectly allocated to US Government contracts.
POLICY
Govcwiki policy is to provide a workplace free of alcohol and drugs. The Company reserves the right, in its sole discretion, to use disciplinary measures to ensure that employee involvement with alcohol and drugs does not jeopardize the success of its operations, or otherwise adversely affect the Company, its employees or its customers.
Govcwiki Divisions, SBUs and BUs need to clearly communicate that not using alcohol in the workplace, and illegal drugs is a condition of employment. Reporting to work or working under the influence of a controlled substance, illegal drug or alcohol is prohibited.
Training on the use of drugs and alcohol in the workplace needs to be available to all employees, either formally or informally.
BUs with USG Contracts must adhere to FAR 52.223-6 Drug-free Workplace, and establish a Drug Free Workplace Program. Those requirements are:
- Publish 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;
- Establish an ongoing drug-free awareness program to inform such employees about:
- The dangers of drug abuse in the workplace
- The contractor’s policy of maintaining a drug-free workplace
- The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace
As a condition of continued employment on this contract, the employee will 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
BUs with USG Contracts must also adhere to DFARS 252.223-7004 Drug-free Work Force, and establish a Drug Free Workplace Program. Those requirements are:
- Employee assistance programs emphasizing high level direction, education, counselling, rehabilitation, and coordination with available community resources
- Supervisory training to assist in identifying and addressing illegal drug use by Contractor employees
- Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues
- Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis.
- Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such time as the Contractor, in accordance with procedures established by the Contractor, determines that the employee may perform in such a position.
- The provisions of this clause pertaining to drug testing programs shall not apply to the extent they are inconsistent with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter, the Contractor agrees that those issues that are in conflict will be a subject of negotiation at the next collective bargaining session.