Drug-Free Workplace Program
A drug-free workplace program is a set of policies and actions an employer uses to prevent drug use at work. For federal contractors, it is also a legal requirement under the Drug-Free Workplace Act.
The statute, 41 U.S.C. 8102, lists specific steps a contractor must take, including a policy statement, an awareness program, and notices about convictions.
What Does the Drug-Free Workplace Act Require?
A contractor covered by the Act must publish a statement that prohibits unlawful controlled-substance activity in the workplace and spells out the actions for violations.
It must also set up a drug-free awareness program that informs employees about the dangers of workplace drug abuse, the policy, available counseling and rehabilitation, and the penalties for violations.
Every employee working on the contract must receive a copy of the policy statement.
What Notice Deadlines Apply?
Employees must agree, as a condition of working on the contract, to follow the policy and to tell the employer about any conviction under a criminal drug statute for a workplace violation no later than 5 days after the conviction.
The employer must then notify the contracting agency within 10 days after receiving that notice or otherwise learning of the conviction.
| Requirement | Detail |
| Policy statement | Published and given to each employee on the contract |
| Awareness program | Dangers, policy, counseling, and penalties |
| Employee conviction notice | To employer within 5 days |
| Employer notice to agency | Within 10 days of learning of a conviction |
| Employer response | Sanction or require participation in a rehabilitation program |
| Good faith effort | Keep the program running in practice |
Does the Act Require Drug Testing?
No. The Act's requirements concern policy, awareness, notices, and response. It does not itself require testing of employees.
Testing is a separate decision. Some employers add it, and some industries, such as transportation, have their own testing rules.
The drug testing policy page covers testing procedures such as chain of custody and Medical Review Officer review.
How Is a Drug-Free Workplace Program Different From a Drug and Alcohol Policy?
A drug and alcohol policy is the written rule set. A drug-free workplace program is broader and includes the policy plus awareness, notices, and support.
Many employers use a template policy as the core document. See the drug and alcohol policy template for the wording of prohibited conduct, testing, and consequences.
Federal contractors need the extra program pieces listed in the Act, not only the policy.
Who Needs a Drug-Free Workplace Program?
Federal contractors and grantees covered by the Act must have one. Other employers may choose to adopt one to improve safety, reduce incidents, or meet customer or insurance expectations.
Check the contract or grant terms to confirm what applies. Rules can differ by agency and award, and some industries add their own requirements.
Even where it is not required, a clear program sets expectations for everyone.
What Should a Program Include in Practice?
- A written policy that is easy to find and read.
- Training for managers on recognizing problems and responding fairly.
- A clear route to counseling or an employee assistance program.
- Consistent consequences applied the same way for everyone.
- Records of notices, training, and actions taken.
Balance enforcement with support. Employees who can ask for help without fear are more likely to get it before a safety incident happens.
What Records Should You Keep?
Keep a copy of the policy statement, proof that each covered employee received it, and records of awareness training. Document any conviction notices, the dates you received them, and the date you notified the agency.
Also record the action you took in each case, such as discipline or referral to a rehabilitation program. Good records show a good faith effort if you are ever asked to prove compliance.
How Does HR Cloud Fit Into a Drug-Free Workplace Program?
HR Cloud does not run drug testing or federal contractor compliance. Its employee onboarding software offers custom e-forms and mobile e-signatures, with records kept in central employee files.
Use those tools to deliver the policy and capture each employee's signed acknowledgment.
Discover how our HR solutions streamline onboarding, boost employee engagement, and simplify HR management
Book Your Free DemoFrequently Asked Questions
Q: What is a drug-free workplace program?
A: It is a set of policies and actions an employer uses to prevent drug use at work, required for covered federal contractors.
Q: Who must follow the Drug-Free Workplace Act?
A: Federal contractors and grantees covered by the Act. Check your contract or grant terms.
Q: Does the Act require drug testing?
A: No. It requires a policy, an awareness program, notices, and a response, but not testing itself.
Q: What is the 5-day and 10-day rule?
A: Employees must report a workplace drug conviction to the employer within 5 days, and the employer must notify the agency within 10 days.
Q: What must the policy statement say?
A: That unlawful controlled-substance activity in the workplace is prohibited, and what actions will be taken for violations.
Q: Is a drug-free workplace program the same as a drug policy?
A: No. The policy is one part. The program also includes awareness, notices, and support.
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