In light of data showing increasing drug use among full-time employees in recent years, CWC thought it would be prudent to remind our members that the 1988 Drug-Free Workplace Act (DFWA) obligates covered federal contractors to provide a drug-free workplace.
Therefore, we updated our DFWA primer to explain the DFWA’s coverage, contractors’ obligations, and penalties for noncompliance. The DFWA applies to federal contracts with a value above the current simplified acquisition threshold of $250,000. It specifically requires covered contractors to publish a drug-free workplace policy, establish an ongoing drug-free awareness program, notify the appropriate agency contracting officer upon learning of an employee’s workplace-related criminal drug conviction, and take appropriate disciplinary or rehabilitative action in response to an employee’s conviction.
The DFWA is implemented through regulations codified in the Federal Acquisition Regulation (FAR). Enforcement occurs through the relevant contracting officer. Penalties for noncompliance can be significant, including contractor debarment.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.