Drug-Free Workplace Act of 1988


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Drug-Free Workplace Act of 1988

Federal legislation requiring all organizations applying for federal grants to certify that a “good faith” effort will be made to prevent substance abuse in the workplace.
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The DOD, GSA, NASA, and other agencies have issued a proposed rule to change and amend (1) the governmentwide rules for debarment and suspension in non-procurement activities; and (2) the governmentwide rule implementing the Drug-Free Workplace Act of 1988. In 1988, all of the agencies participating in this proposed rule published a common rule providing standard requirements for debarment and suspension by executive branch agencies in order to protect loans, assistance, benefits, and other non-procurement activities from fraud, waste, abuse, and poor performance.
The federal Drug-Free Workplace Act of 1988 only governs businesses that have federal contracts of over $25,000 (single contract).
For local governments, the most pertinent federal employment laws are: Family and Medical Leave Act, Civil Rights Acts of 1964 (Title VII) and 1991, Rehabilitation Act of 1973 (Title V), Age Discrimination in Employment Act, Drug-Free Workplace Act of 1988, Occupational Safety and Health Act, and Fair Labor Standards Act.
The Drug-Free Workplace Act of 1988 requires all employers with federal contracts equaling or exceeding $25,000 to certify, as a condition of receiving contract awards, that they will provide and maintain a drug-free workplace.
These requirements have been mandated by the Department of Defense's Drug-Free Work Force Rules, the Drug-Free Workplace Act of 1988, and the Department of Transportation's Procedures for Workplace Drug Testing Programs.
In addition to drug testing based on "reasonable suspicion" and following accidents, Reagan authorized testing applicants for government jobs and federal employees in "sensitive positions." Significantly, the order was based on the premise that "the Federal government, as the largest employer in the Nation, can and should show the way towards achieving drug-free workplaces." Two years later, Congress approved the Drug-Free Workplace Act of 1988, which demanded that all federal grant recipients and many contractors "maintain a drug-free workplace." Although the law did not explicitly require drug testing, in practice this was the surest way to demonstrate compliance.
The Drug-Free Workplace Act of 1988 was the first declaration of the war on drugs in the workplace.
The Drug-Free Workplace Act of 1988 mandates the establishment of comprehensive substance abuse programs by federal contractors, federal grant recipients, or anyone operating under federal funding exceeding $25,000.