S. Amir Kohan

Drug-Free Workplace Act (1988)

This legislation requires some employers to maintain a drug-free workplace. Employee compliance must be assured by subject employers.

Provisions and Protections

This law applies to federal contractors and all organizations receiving grants from the federal government. If you are covered, you are required to assure that all the employees working on the contract or grant are in compliance with its drug-free requirements. Covered employers are required to have a drug-free policy that applies to their employees. To determine that an employer is in compliance with the requirements, drug testing is usually performed on employees and applicants who have received a job offer. Random drug testing is also used in some organizations to assure employees subject to the law or policy are continuing to comply with the requirements. Those federal requirements do not go away even if laws in your state permit the use of recreational or medical marijuana. The employer is still permitted to have a policy prohibiting the use of drugs by applicants and employees.

Any federal contractor under the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP) in the Department of Labor must comply with this legislation.

Employee notification about the policy must include information about the consequences of failing a drug test. Whenever an employee has been convicted of a criminal drug violation in the workplace, the employer must notify the contracting or granting
an agency within 10 days.

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