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<br />k. CERTIFICATION REGARDING DRUG-FREE WORKPLACE
<br />REQUIREMENTS
<br />
<br />Instructions for Certification
<br />
<br />1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below.
<br />2. The certification set out below is a material representation of fact upon which reliance is placed when the agency awards the grant If it is later detennined that the
<br />grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the agency, in addition to any other remedies
<br />available to the Federal Government, may take action authorized under the Drug-Free Workplace Act.
<br />3. For grantees other than individuals, Alternate I applies.
<br />4. For grantees who are individuals, Alternate II applies.
<br />5. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they rnay be identified in the grant application. If
<br />the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on
<br />file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free
<br />workplace requirements.
<br />6. Workplace identifications must include the actual address of building (or parts of buildings) or other sites where work under the grant takes place. Categorical
<br />descriptions may be used (e.g., all vehicles of mass transit authority or State highway department while in operation, State employees in each local unemployment office,
<br />perfonners in concert halls or radio studios).
<br />7. If the workplace identified to the agency changes dming the performance of the grant, the grantee shall inform the agency of the change(s), if the previously identified
<br />the workplaces in question (see paragraph five).
<br />8. Definitions of terms in the Nonprocurement Suspension and Debannent common rule and Drug-Free Workplace common rule apply to this certification. Grantees'
<br />attention is called, in particular, to the following definitions from these rules:
<br />Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.c. 812) and as further defined by
<br />regulation (21 CFR 1308.1 I through 1308.15);
<br />Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the
<br />responsibility to detennine violations of the Federal or State criminal drug statutes;
<br />Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distnbution, dispensing, use, or possession of any
<br />controlled substance;
<br />Emolovee means the employee of a grantee directly engaged in the performance of work under a grant, including: (I) All direct charge employees; (ii) All
<br />indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are
<br />directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the
<br />grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients
<br />or subcontractors in covered workplaces.)
<br />
<br />Certification Regarding Drug-Free
<br />Workplace Requirements
<br />
<br />Alternate 1. (Grantees Other Than Individuals)
<br />
<br />A. The grantee certifies that it will or will continue to provide a drug- free
<br />workplace by:
<br />(a) Publishing a statement notifying employees that the unlawful
<br />manufacture, distribution, dispensing, possession, or use of a controlled
<br />substance is prolnbited in the grantee's workplace and specifying the actions
<br />that will be taken against employees for violation of such prolnbition;
<br />(b) Establishing an ongoing drug-free awareness program to inform
<br />employees about--
<br />(1) The dangers of drug abuse in the workplace;
<br />(2) The grantee's policy of maintaining a drug-free workplace;
<br />(3) Any available drug counseling, rehabilitation, and employee
<br />assistance programs; and
<br />(4) The penalties that may be imposed upon'empk ':es for drug
<br />abuse violations occurring in the workplace;
<br /><0 making it a requirement that each employee to be engaged il
<br />performance of the grant be given a copy of the statement requin c by
<br />paragraph (a);
<br />(d) Notifying the employee in the statement required by paragraph (a) that, as
<br />a condition of employment under the grant, the employee wilI--
<br />(1) Abide by the terms of the statement; and
<br />(2) Notify the employer in writing of his or her conviction for a
<br />violation of a criminal drug statute occurring in the workplace no later than
<br />five calendar days after such conviction;
<br />(e) Notifying the agency in writing, within ten calendar days after receiving
<br />notice under paragraph (2) from an employee or otherwise receiving actual
<br />notice of such conviction. Employers of convicted employees must provide
<br />notice, including position title, to every grant activity the convicted employee
<br />was working, unless the Federal agency has designated a central point for the
<br />receipt of such notices. Notice shall include the identification number(s) of
<br />each affected grant;
<br />
<br />(1) Taking on of the following actions within 30 calendar days of receiving
<br />notice under paragraph (d)(2), with respect to any employee who is so
<br />convicted--
<br />(1) Taking appropriate personnel action against such an
<br />employee, up to and including tennination, consistent with the requirements
<br />of the Rehabilitation Act of1973, as amended; or
<br />(2) Requiring such employee to participate satisfactorily in a
<br />drug abuse assistance or rehabilitation program approved for such pUIposes
<br />by a Federal, State, or local health, law enforcement, or other appropriate
<br />agency;
<br />(g) Making a good faith effort to continue to maintain a drug-free workplace
<br />through implementation of paragraphs (a), (b), (c), (d), (e) and (1).
<br />B. The grantee may insert in the space provided below the site(s) for the
<br />performance of work done in connection with the specific grant: Place of
<br />Performance (Street address, city, county, state, zip code)
<br />
<br />Check [ ] if there are workplaces on file that are not identified here.
<br />Alternate II. (Grantees Who Are Individuals)
<br />(a) The grantee certifies that, as a condition of the grant, he or she will not
<br />engage in the unlawful manufacture, distribution, dispensing, possession, or
<br />use of a controlled substance in conducting any activity with the grant;
<br />(b) If convicted of a criminal drug offense resulting from a violation
<br />occurring dwing the conduct of any grant activity, he or she will report the
<br />conviction, in writing, within 10 calendar days of the conviction, to every
<br />grant officer or other designee, unless the Federal agency designates a central
<br />point for the receipt of such notices. When notice is made to such a central
<br />point, it shall include the identification number(s) of each affected grant.
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