This certification is required by the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D), and is implemented through additions to the Department and Suspension regulations, published in the Federal Register on January 31, 1989.
An organizational applicant certifies that it will provide a drug-free workplace by:
- Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition.
- Establishing a drug-free awareness program to inform employees about:
- the dangers of drug abuse in the workplace;
- the grantee's policy of maintaining a drug-free workplace;
- any available drug counseling, rehabilitation, and employee assistance program;
- the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
- Requiring that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (1).
- Notifying the employee in the statement required by paragraph (1) that, as condition of employment under the grant, the employee will:
- abide by the terms of the statement; and
- notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction.
- Notifying the agency within ten days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction.
- Taking the following actions, within 30 days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted:
- taking appropriate personnel action against such an employee, up to and including termination; or
- requiring such employee to participate satisfactorily 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.
- Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5, and 6.
Place of Performance: The applicant shall insert in the space provided below¹ the address of the site(s) for the performance of work done in connection with the specific grant (street address, city, county, state, zip code).
This assurance is given in connection with any and all financial assistance from the Department of Energy after the date this form is signed.² This includes payments after such date for financial assistance approved before such date. The applicant recognizes and agrees that any such assistance will be extended in reliance on the representations and agreements made in this assurance, and the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the applicant, its successors, transferees, and assignees, and on the authorized official (or individual applicant, as appropriate) whose signature appears below.²