(A)   All grantees receiving grants, including cooperative agreements, from any federal agency must certify that they will provide a drug-free workplace, or, in the case of a grantee who is an individual, certify to the agency that his or her conduct of grant activity will be drug-free. Making the required certification has been a precondition of receiving a grant from a federal agency since March 10, 1989.
   (B)   Every grantee, except a state or state agency, is required to make this certification for each grant. A state or a state agency may elect to make a single annual certification to each federal agency from which it obtains grants if the federal agency has designated a central location for submission.
   (C)   The grantee certifies that it will provide a drug-free workplace by:
      (1)   Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;
      (2)   Establishing an ongoing drug-free awareness program to inform employees about:
         (a)   The dangers of drug abuse in the workplace;
         (b)   The grantee’s policy of maintaining a drug-free workplace;
         (c)   Any available drug counseling, rehabilitation, and employee assistance programs; and
         (d)   The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
      (3)   Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by division (C)(1) above;
      (4)   Notifying the employee in the statement required by division (C)(1) above that, as a condition of employment under the grant, the employee will:
         (a)   Abide by the terms of the statement; and
         (b)   Notify the employer in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than five calendar days after such conviction.
      (5)   Notifying the agency in writing within ten calendar days after receiving notice under division (C)(4)(b) above from an employee or otherwise receiving actual notice of such conviction; and
      (6)   Taking one of the following actions, within 30 calendar days of receiving notice under division (C)(4)(b) above, with respect to any employee who is so convicted:
         (a)   Taking appropriate personnel action against such an employee, up to and including termination; or
         (b)   Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. (Drug-Free Workplace Act, being 41 U.S.C. §§ 701 et seq.)
(Ord. 4, 1998, passed 3-25-1998)