52.226-7
Drug-Free Workplace
Contractors must establish and maintain a drug-free workplace program, promptly address violations, and notify the government to avoid severe penalties.
Overview
FAR 52.226-7, Drug-Free Workplace, requires contractors to establish and maintain a drug-free workplace as a condition of contract award. The clause outlines specific actions contractors must take to prevent the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances in the workplace. It applies to both organizations and individuals, with tailored requirements for each.
Key Rules
- Definitions and Scope
- The clause defines key terms such as controlled substance, conviction, criminal drug statute, drug-free workplace, employee, and individual to clarify compliance obligations.
- Contractor Requirements (Organizations)
- Contractors (other than individuals) must, within 30 days of award (or sooner for short-duration contracts), publish a drug-free workplace policy, establish an awareness program, distribute policy statements, require employee compliance, and take action upon employee convictions.
- Contractor Requirements (Individuals)
- Individual contractors must agree not to engage in unlawful drug activities while performing the contract.
- Notification and Remedial Actions
- Contractors must notify the Contracting Officer of employee convictions within 10 days and take appropriate action within 30 days, such as termination or requiring rehabilitation.
- Government Remedies
- Noncompliance may result in suspension of payments, contract termination, or suspension/debarment.
Responsibilities
- Contracting Officers: Monitor contractor compliance and enforce remedies for violations.
- Contractors: Implement and maintain a drug-free workplace program, notify employees and the government of violations, and take corrective actions.
- Agencies: Oversee contractor adherence and apply sanctions if necessary.
Practical Implications
- This clause exists to ensure a safe, compliant, and productive federal contracting environment. Contractors must proactively manage workplace drug policies and respond swiftly to violations. Failure to comply can result in severe penalties, including loss of contract and eligibility for future awards.