Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.08 - Drug and Alcohol Free Workplace › Section 21.11.08.03 - Responsibility Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				bidder or offeror, other than an individual, may not be considered a
				responsible source for a procurement contract unless the bidder or offeror has
				certified, pursuant to COMAR
				21.05.08.07B,
				that the bidder or offeror will provide a drug and alcohol free workplace by:
(1) Maintaining a workplace free of drug and
				alcohol abuse during the term of the contract;
(2) Publishing a statement notifying its
				employees that the unlawful manufacture, distribution, dispensing, possession,
				or use of drugs, and the abuse of drugs or alcohol is prohibited in the
				contractor's workplace, and specifying the actions that will be taken against
				employees for violation of these prohibitions;
(3) Prohibiting its employees from working
				under the influence of drugs or alcohol;
(4) Refusing to hire or assign to work on the
				contract anyone whom the contractor knows, or in the exercise of due diligence
				should know, currently abuses drugs or alcohol and is not actively engaged in a
				bona fide drug or alcohol abuse assistance or rehabilitation program;
(5) Promptly informing the appropriate law
				enforcement agency of each drug-related crime that occurs in its workplace, if
				the contractor has observed the violation or otherwise has reliable information
				that a violation has occurred;
(6)
				Establishing drug and alcohol abuse awareness programs to inform its employees
				about:
(a) The dangers of drug and alcohol
				abuse in the workplace,
(b) The
				contractor's policy of maintaining a drug and alcohol free workplace,
(c) Any available drug or alcohol counseling,
				rehabilitation, and employee assistance programs, and
(d) The penalties that may be imposed upon
				employees who abuse drugs and alcohol in the workplace;
(7) Providing all employees engaged in the
				performance of a procurement contract with a copy of the statement required by
				§A(2), above;
(8) Notifying
				employees in the statement required by §A(2), above, that as a condition
				of continued employment on the procurement contract, the employee shall:
(a) Abide by the terms of the statement,
				and
(b) Notify the employer of any
				criminal drug or alcohol abuse conviction for an offense occurring in the
				workplace not later than 5 days after a conviction;
(9) Notifying the procurement officer within
				10 days after receiving notice under §A(8)(b), above, or otherwise
				receiving actual notice of a conviction;
(10) Within 30 days after receiving notice
				under §A(8)(b), above, or otherwise receiving actual notice of a
				conviction, imposing one or more of the following sanctions or remedial
				measures on any employee who is convicted of a drug or alcohol abuse offense
				occurring in the workplace:
(a) Taking
				appropriate personnel action against an employee, up to and including
				termination, or
(b) Requiring an
				employee to satisfactorily participate in a bona fide drug or alcohol abuse
				assistance or rehabilitation program; and
(11) Making a good faith effort to maintain a
				drug and alcohol free workplace through implementation of §A(1)-(10),
				above.