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CHAPTER 2-120

DRUG-FREE WORKPLACE REQUIREMENTS

2-120-00 What is the purpose of this chapter?

2-120-10 What transactions do these policies apply to?

2-120-20 What must you do to comply with the drug-free workplace requirements?

2-120-30 How will we determine if you are in violation of the drug-free workplace 

requirements?

2-120-40 What will we do if we determine that you are in violation?

2-120-00 What is the purpose of this chapter?

This chapter explains government-wide, Department of the Interior, and Office of Surface 

Mining Reclamation and Enforcement (OSMRE) policies and procedures for compliance with 

the Drug-Free Workplace Act of 1988. 

2-120-10 What transactions do these policies apply to?

These requirements apply to all the financial assistance agreements awarded by us, OSMRE. 

These requirements do not apply to contracts and subgrants awarded by you, the recipient of our 

grant, or cooperative agreement.

2-120-20 What must you do to comply with the drug-free workplace requirements?

A. You must make a good faith effort on a continuing basis to maintain a drug-free 

workplace. You must agree to do so as a condition for receiving financial assistance. 

Below are three general requirements that should be part of this effort:

1. You must publish a drug-free workplace statement that tells employees that 

unlawful manufacture, distribution, dispensing, possession, or use of a controlled 

substance is prohibited in the workplace. The statement must specify the actions 

you will take against employees for violating that prohibition. The statement 

must also inform employees that, as a condition of employment under any award, 

they must abide by the terms of the drug-free statement and must notify you in 

writing if ever convicted for a violation of a criminal drug statute occurring in the 

workplace. You must give a copy of this statement to all employees working 

under an assistance agreement.

2. You must establish a drug-free awareness program to inform employees about the 

dangers of drug abuse in the workplace, your policy of maintaining a drug-free 

workplace, any available drug counseling, rehabilitation and employee assistance 

programs, and the penalties for drug abuse violations occurring in the workplace. 

You are not required to provide or pay for drug rehabilitation programs.
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3. You must identify all known workplaces under your Federal awards.

B. You must include in your drug-free workplace policy a requirement that employees 

notify you of any criminal drug statute conviction for a violation occurring in the 

workplace within five calendar days. You must notify OSMRE in writing within ten 

days after receiving notice of such a conviction. Within 30 days of notice of an 

employee’s conviction for a drug violation in the workplace, you must take one of the 

following actions:

1. Take appropriate personnel action against the employee, up to and including 

termination.

2. Require the employee to participate satisfactorily in a drug abuse assistance or 

rehabilitation program that is approved by a Federal, state or local health, law 

enforcement or other appropriate agency.

2-120-30 How will we determine if you are in violation of the drug-free workplace 

requirements?

You will be in violation of the drug-free workplace requirements if we find that any of the 

following circumstances have occurred:

A. You violated these requirements.

B. The number of convictions of your employees for violating criminal drug statutes in the 

workplace is large enough to indicate that you failed to make a good faith effort to 

provide a drug-free workplace.

2-120-40 What will we do if we determine that you are in violation?

If our awarding office determines that you are in violation of the drug-free workplace 

requirements, we may take one or more of the following actions.

A. Suspend payments under the award.

B. Suspend or terminate the award.

C. Suspend or debar you from all Federal transactions for a period not to exceed five years. 

See Chapter 2-110 for more information on debarment and suspension actions.