(A) This certification is required by Executive Order No. 90-5, April 12, 1990, issued by the Governor. Pursuant to its delegated authority, the state’s Department of Administration is requiring the inclusion of this certification in all contracts with and grants from the state in excess of $25,000. No award of a contract or grant shall be made, and no contract, purchase order or agreement, the total amount of which exceeds $25,000, shall be valid unless and until this certification has been fully executed by the contractor or grantee and attached to the contract or agreement as part of the contract documents. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract payments, termination of the contract or agreement and/or debarment of contracting opportunities with the state for up to three years.
(B) The contractor/grantee certifies and agrees that it will provide a drug-free workplace by:
(1) Publishing and providing to all of its employees a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;
(2) Establishing a drug-free awareness program to inform employees about: The dangers of drug abuse in the workplace; the contractor’s policy of maintaining a drug-free workplace; an available drug counseling, rehabilitation and employee assistance programs; and the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace;
(3) Notifying all employees in the statement required by division (B)(1) above that as a condition of continued employment the employee will: Abide by the terms of the statement; and notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
(4) Notifying in writing the contracting state agency and the state’s Department of Administration within ten days after receiving notice from an employee under division (B)(3) above, or otherwise receiving actual notice of such conviction;
(5) Within 30 days after receiving notice under division (B)(3) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: Take appropriate personnel action against the employee, up to and including termination; or require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local healthy, law enforcement or other appropriate agency; and
(6) Making a good faith effort to maintain a drug-free workplace through the implementation of divisions (B)(1) through (B)(5) above.
(Certification passed 5-20-1991)