Applicant Plan_________________________________ For Contact Year___________
CERTIFICATION REGARDING A DRUG-FREE WORKPLACE
(a) Definitions. As used in this provision:
Controlled substance means a controlled substance in schedules I through V of section
202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in
regulation at 21 CFR 1308.11-1308.15.
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 responsibility to determine
violations of the Federal or State criminal drug statutes.
Criminal drug statue means a Federal or non-Federal criminal statute involving the
manufacture, distribution, dispensing, possession or use of any controlled substance.
Drug-Free workplace means the site(s) for the performance of work done by the
Contractor in connection with a specific contract at which employees of the Contractor
are prohibited from engaging in the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance.
Employee means an employee of a Contractor directly engaged in the performance of
work under a Government contract. Directly engaged is defined to include al direct cost
employees and any other Contractor employee who has other than a minimal impact or
involvement in contract performance.
Individual means an officer/contractor that has no more than one employee including the
offeror/contractor.
(b) By submission of its application for participation in the Federal Employees Health Benefits
Program), the applicant plan, if other than an individual, who is applying to be a Carrier for a
health benefits contract that equals or exceeds $25,000, certifies and agrees, that with respect
to all employees of the applicant plan to be employed under a FEHB contract resulting from this
application, it will – no later than, 30 calendar days after the date of approval to participate
(unless a longer period is agreed to in writing), but in any case, not later than 60 calendar days
before the effective date of participation
(1) Publish a statement notifying such employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
applicant plan’s workplace and specifying the actions that will be taken against
employees for violations of such prohibition;
(2) Establish an ongoing drug-free awareness program to inform such employees about
(i.) The dangers of drug abuse in the workplace;
(ii.) The contractor’s policy of maintaining a drug-free workplace;
(iii.) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(iv.) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
(3) Provide all employees engaged in performance of the contract with a copy of the
statement required by subparagraph (b) (1) of this provision;
(4) Notify such employees in writing in the statement required by subparagraph (b)(1) of
this provision that, as a condition of continued employment on any contract resulting
from this application, the employee will
