CalPERS

Drug-Free Workplace Act of 1990

The Drug-Free Workplace Act of 1990 requires you certify that you will provide a drug-free workplace.

(Government Code Sections 8350-8357)

8350. This chapter shall be known, and may be cited, as the Drug-Free Workplace Act of 1990.

8351. As used in this chapter:

(a)

Drug-free workplace means a site for the performance of work done in connection with a specific grant or contract described in Article 2 (commencing with Section 8355) of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter.

(b)

Employee means the employee of a grantee or contractor directly engaged in the performance of work pursuant to the grant or contract described in Article 2 (commencing with Section 8355).

(c)

Controlled substance means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C.,Sec. 812).

(d)

Grantee means the department, division, or other unit of a person or organization responsible for the performance under the grant.

(e)

Contractor means the department, division, or other unit of a person or organization responsible for the performance under the contract.



 

 


 

 

 

 

 

 

 

 

8355. Every person or organization awarded a contract or a grant for the procurement of any property or services from any state agency shall certify to the contracting or granting agency that it will provide a drug-free workplace by doing all of the following:

(a)

Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions that will be taken against employees for violations of the prohibition.

(b)

Establishing a drug-free awareness program to inform employees about all of the following:

 

 


 


 

 

(1)

The dangers of drug abuse in the workplace.

(2)

The person's or organization's policy of maintaining a drug-free workplace.

(3)

Any available drug counseling, rehabilitation, and employee assistance programs.

(4)

The penalties that may be imposed upon employees for drug abuse violations.

 

 

 

 

 


 

(c)

Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.

 

 

 

8356.

(a) Each contract or grant awarded by a state agency may be subject to suspension of payments under the contract or grant or termination of the contract or grant, or both, and the contractor or grantee thereunder may be subject to debarment, in accordance with the requirements of this article, if the contracting or granting agency determines that any of the following has occurred:

 

 

 

 

 

(1)

The contractor or grantee has made a false certification under Section 8355.

(2)

The contractor or grantee violates the certification by failing to carry out the requirements of subdivisions (a) to (c), inclusive, of Section 8355.

 

 

 


 

(b)

The Department of General Services shall establish and maintain a list of individuals and organizations whose contracts or grants have been canceled due to failure to comply with this chapter.

This list shall be updated monthly and published each month. No state agency shall award a contract or grant to a person or organization on the published list until that person or organization has complied with this chapter.

(c)

Every state agency that directly awards grants without review by the Department of General Services shall immediately notify the department of any individual or organization that has an award canceled on the basis of violation of this chapter.

 

 

 

 

 

 


 

8357. This chapter shall not be construed to require any contractor or grantee to ensure that other businesses with which it subcontracts also provide drug-free workplaces.

Dated: 03-25-2004