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Drug-Free Workplace Act

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Drug-Free Workplace Act

Government agencies have drug-testing policies for all of their employees. Employee drug testing is allowed in the private sector during several situations, including pre-employment, reasonable suspicion, post-workplace, accident and random testing. However, for some organizations to receive grants or contractors to receive contract, they must abide by other drug-free guidelines.

What Is the Drug-Free Workplace Act of 1988?

The Drug-Free Workplace Act is federal legislation aimed at preventing drug use in the office and other work locations.

Does the Act Apply to Every Organization?

No. It only applies to organizations that have contracts with the federal government and those receiving federal grants.

What Does the Act Require Organizations to Do?

The Act requires every organization affected by the legislation to agree to create a drug-free workplace. The organization must be free of drugs prior to entering into a government contract or receiving a grant from the U.S. government. For example, an organization must post anti-drug policies around the workplace and make employees aware of drug use policies.

Do Employees Have to Follow the Guidelines in the Act?

Yes. All permanent and temporary employees must follow the guidelines instituted in the Act. Volunteers who are not paid are not subjected to the drug-free workplace rules.

Will My Company Get in Trouble for Not following the Guidelines?

Yes. An organization can receive one or more sanctions for:

  • Making false statements to qualify for the grant
  • Failing to make an effort to comply with drug-free workplace regulations

What Are the Sanctions for Non-Compliance?

The sanctions for non-compliance can vary depending on the infraction, but they can include suspension of grant payments or termination of a grant. The sanctions cannot last more than five years.

Should I Talk to a Lawyer about the Drug-Free Workplace Act?

Yes. To understand the anti-drug policy guidelines for receiving a contract or grant from the federal government, contact an employment lawyer to learn more. The lawyer may also help if the government agency believes you are not in compliance.

Photo of page author Taelonnda Sewell

, LegalMatch Legal Writer

Last Modified: 09-14-2015 06:58 PM PDT

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