The Act requires Federal recipients and contractors to certify that they maintain a drug-free workplace. The drug-free workplace regulations apply to direct grants approved or awarded on or after March 18, 1989. Subgrants and contracts under grants are exempt from the requirements of this regulation. The statement must identify the site or sites of the performance of the grant and the penalties to be imposed on employees who violate the recipient's drug-free workplace policy. Recipients are not required to provide or pay for drug rehabilitation programs.
Costs incurred by recipients to comply with the regulation are allowable.
The drug-free workplace certification is a precondition of receiving an OSM grant. Indian tribes shall make the appropriate certification using form Dl 2010, Part C, as part of each application package. States may elect to make one certification, using form Dl 2010, Part C, in each Federal fiscal year. This certification shall cover all grants to all State agencies from any Federal agency. The State shall retain the original of this statewide certification in its Governor's office and shall submit a copy as part of each new grant application.