Drug-Free Workplace Requirements for Federal Contractors: What You Need to Know
If you are a federal contractor, it is important to understand the requirements for maintaining a drug-free workplace. The Drug-Free Workplace Act of 1988 (DFWA) requires federal contractors to have a drug-free workplace policy and to take certain steps to ensure that their employees are not using drugs while on the job. Here’s what you need to know to stay compliant.
Who is Covered by the Drug-Free Workplace Act?
The DFWA applies to all federal contractors who have contracts of $100,000 or more with the federal government. This includes both prime contractors and subcontractors. If your company does not have a contract with the federal government, you are not required to have a drug-free workplace policy.
What are the Requirements for Drug-Free Workplace Policies?
The DFWA requires federal contractors to have a written policy that outlines their drug-free workplace program. The policy must include the following:
– A statement that the use of illegal drugs in the workplace is prohibited
– A statement that employees who are found to be using illegal drugs will be subject to disciplinary action, up to and including termination
– A description of the drug-testing process, including the types of drugs that will be tested and the consequences of a positive test result
– A statement that employees who are taking prescription medications should consult with their healthcare provider to ensure that those medications will not impair their ability to perform their job safely and effectively
Drug-testing must be conducted in accordance with the guidelines established by the Substance Abuse and Mental Health Services Administration (SAMHSA). The policy must also comply with any state and local laws that may apply.
What Should You Include in Your Drug-Free Workplace Program?
In addition to having a written policy, federal contractors must take certain steps to ensure that their employees are not using drugs while on the job. This includes:
– Conducting drug-testing before an employee is hired
– Conducting drug-testing after a workplace accident or incident
– Conducting random drug-testing, if appropriate
– Offering drug education and awareness programs for employees
– Providing referrals to employee assistance programs for employees who may need help with substance abuse issues
It is important to note that federal contractors are not required to conduct drug-testing on all employees. However, if an employee is suspected of using drugs, the employer has the right to require that employee to undergo drug-testing.
What are the Consequences of Noncompliance?
If a federal contractor fails to comply with the Drug-Free Workplace Act, they may be in breach of their contract with the federal government. This could result in the loss of the contract and the inability to bid on future contracts. In addition, if an employee is injured on the job and the employer is found to have been negligent in maintaining a drug-free workplace, the employer may be liable for damages.
Maintaining a drug-free workplace is not only required for federal contractors, but it is also important for the safety and security of all employees. By having a written policy and taking appropriate steps to ensure compliance, federal contractors can protect their employees, their business, and their reputation.