§8102 Drug-free workplace requirements for Federal contractors

Summary

Federal agencies cannot give contracts over the simplified acquisition threshold to companies unless the company agrees to keep a drug-free workplace. This rule does not apply to contracts for commercial products or commercial services. Companies must post a clear notice banning illegal drug use at work and explain the penalties. They must set up an education program about the dangers of drug use, the company’s drug policy, help and rehab options, and possible penalties. Every employee who will work on the contract must get the notice. Employees must follow the rules and must tell the employer within 5 days if they are convicted of a work‑related drug crime. The employer must tell the agency within 10 days after learning of a conviction. Employers must punish or require rehab for convicted workers and make a good‑faith effort to keep the workplace drug‑free. If an agency head finds a company broke these rules or has too many workplace drug convictions, the agency can stop payments, end the contract, or suspend or debar the contractor. The contracting officer must start the action and the agency must follow Federal Acquisition Regulation procedures that give notice and a chance to respond. A final debarment can bar a contractor for up to 5 years.