252.223-7004 Drug-Free Work Force.

As prescribed in 223.570-2 , use the following clause:

DRUG-FREE WORK FORCE (SEP 1988)

(a) Definitions.

(1) “Employee in a sensitive position,” as used in this clause, means an employee who has been

granted access to classified information; or employees in other positions that the Contractor

determines involve national security, health or safety, or functions other than the foregoing

requiring a high degree of trust and confidence.

(2) “Illegal drugs,” as used in this clause, means controlled substances included in Schedules I and

II, as defined by section 802(6) of Title 21 of the United States Code, the possession of which is

unlawful under Chapter 13 of that Title. The term “illegal drugs” does not mean the use of a

controlled substance pursuant to a valid prescription or other uses authorized by law.

(b) The Contractor agrees to institute and maintain a program for achieving the objective of a drugfree work force. While this clause defines criteria for such a program, contractors are encouraged to

implement alternative approaches comparable to the criteria in paragraph (c) that are designed to

achieve the objectives of this clause.

(c) Contractor programs shall include the following, or appropriate alternatives:

(1) Employee assistance programs emphasizing high level direction, education, counseling,

rehabilitation, and coordination with available community resources;

(2) Supervisory training to assist in identifying and addressing illegal drug use by Contractor

employees;

(3) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect

for individual confidentiality consistent with safety and security issues;

(4) Provision for identifying illegal drug users, including testing on a controlled and carefully

monitored basis. Employee drug testing programs shall be established taking account of the

following:

(i) The Contractor shall establish a program that provides for testing for the use of illegal drugs by

employees in sensitive positions. The extent of and criteria for such testing shall be determined by

the Contractor based on considerations that include the nature of the work being performed under

the contract, the employee's duties, the efficient use of Contractor resources, and the risks to health,

safety, or national security that could result from the failure of an employee adequately to discharge

his or her position.

(ii) In addition, the Contractor may establish a program for employee drug testing—

(A) When there is a reasonable suspicion that an employee uses illegal drugs; or

(B) When an employee has been involved in an accident or unsafe practice;
(C) As part of or as a follow-up to counseling or rehabilitation for illegal drug use;

(D) As part of a voluntary employee drug testing program.

(iii) The Contractor may establish a program to test applicants for employment for illegal drug use.

(iv) For the purpose of administering this clause, testing for illegal drugs may be limited to those

substances for which testing is prescribed by section 2.1 of Subpart B of the “Mandatory Guidelines

for Federal Workplace Drug Testing Programs” (53 FR 11980 (April 11, 1988)), issued by the

Department of Health and Human Services.

(d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found

to be using drugs illegally. Contractors shall not allow any employee to remain on duty or perform in

a sensitive position who is found to use illegal drugs until such time as the Contractor, in accordance

with procedures established by the Contractor, determines that the employee may perform in such a

position.

(e) The provisions of this clause pertaining to drug testing programs shall not apply to the extent

they are inconsistent with state or local law, or with an existing collective bargaining agreement;

provided that with respect to the latter, the Contractor agrees that those issues that are in conflict

will be a subject of negotiation at the next collective bargaining session.

(End of clause)

Parent topic: 252.223 RESERVED