Instructions for Certification 





  • By signing and/or submitting this application or grant agreement,

the grantee is providing the certification set out below.


  • The certification set out below is a material representation

of fact upon which reliance is placed when the agency awards the

grant. If it is later determined that the grantee knowingly rendered

a false certification, or otherwise violates the requirements

of the Drug-Free Workplace Act, the agency, in addition to any

other remedies available to the Federal Government, may take action

authorized under the Drug-Free Workplace Act.


  • For grantees other than individuals, Alternate I applies.


  • For grantees who are individuals, Alternate II applies.


  • Workplaces under grants, for grantees other than individuals,

need not be identified on the certification. If known, they may

be identified in the grant application. If the grantee does not

identify the workplaces at the time of application, or upon award,

if there is no application, the grantee must keep the identity

of the workplace(s) on file in its office and make the information

available for Federal inspection. Failure to identify all known

workplaces constitutes a violation of the grantee's drug-free

workplace requirements.


  • Workplace identifications must include the actual address

of buildings (or parts of buildings) or other sites where work

under the grant takes place. Categorical descriptions may be used

(e.g., all vehicles of a mass transit authority or State highway

department while in operation, State employees in each local unemployment

office, performers in concert halls or radio studios).


  • If the workplace identified to the agency changes during the

performance of the grant, the grantee shall inform the agency

of the change(s), if it previously identified the workplaces in

question (see paragraph five).


  • Definitions of terms in the Nonprocurement Suspension and

Debarment common rule and Drug-Free Workplace common rule apply

to this certification. Grantees' attention is called, in particular,

to the following definitions from these rules:
    

Controlled substance means a controlled substance in Schedules

I through V of the Controlled Substances Act (21 U.S.C. 812) and

as further defined by regulation (21 CFR 1308.11 through 1308.15);


    

Conviction means a finding of guilt (including a plea of nolo

contendere) or imposition of sentence, or both, by any judicial

body charged with the responsibility to determine violations of

the Federal or State criminal drug statutes;
    

Criminal drug statute means a Federal or non-Federal criminal

statute involving the manufacture, distribution, dispensing, use,

or possession of any controlled substance;
    

Employee means the employee of a grantee directly engaged in the

performance of work under a grant, including: (i) All direct charge

employees; (ii) All indirect charge employees unless their impact

or involvement is insignificant to the performance of the grant;

and, (iii) Temporary personnel and consultants who are directly

engaged in the performance of work under the grant and who are

on the grantee's payroll. This definition does not include workers

not on the payroll of the grantee (e.g., volunteers, even if used

to meet a matching requirement; consultants or independent contractors

not on the grantee's payroll; or employees of subrecipients or

subcontractors in covered workplaces).




    Certification Regarding Drug-Free Workplace Requirements 
    




    Alternate I. (Grantees Other Than Individuals) 
    




    • The grantee certifies that it will or will continue to provide

a drug-free workplace by:




    • Publishing a statement notifying employees that the unlawful

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

controlled substance is prohibited in the grantee's workplace

and specifying the actions that will be taken against employees

for violation of such prohibition;


    • Establishing an ongoing drug-free awareness program to inform

employees about --




    • The dangers of drug abuse in the workplace;


    • The grantee's policy of maintaining a drug-free workplace;


    • Any available drug counseling, rehabilitation, and employee

assistance programs; and


    • The penalties that may be imposed upon employees for drug

abuse violations occurring in the workplace;






    • Making it a requirement that each employee to be engaged in

the performance of the grant be given a copy of the statement

required by paragraph (a);


    • Notifying the employee in the statement required by paragraph

(a) that, as a condition of employment under the grant, the employee

will --




    • Abide by the terms of the statement; and


    • Notify the employer in writing of his or her conviction for

a violation of a criminal drug statute occurring in the workplace

no later than five calendar days after such conviction;






    • Notifying the agency in writing, within ten calendar days

after receiving notice under paragraph (d)(2) from an employee

or otherwise receiving actual notice of such conviction. Employers

of convicted employees must provide notice, including position

title, to every grant officer or other designee on whose grant

activity the convicted employee was working, unless the Federal

agency has designated a central point for the receipt of such

notices. Notice shall include the identification number(s) of

each affected grant;


    • Taking one of the following actions, within 30 calendar days

of receiving notice under paragraph (d)(2), with respect to any

employee who is so convicted --




    • Taking appropriate personnel action against such an employee,

up to and including termination, consistent with the requirements

of the Rehabilitation Act of 1973, as amended; or


    • Requiring such employee to participate satisfactorily in a

drug abuse assistance or rehabilitation program approved for such

purposes by a Federal, State, or local health, law enforcement,

or other appropriate agency;






    • Making a good faith effort to continue to maintain a drug-free

workplace through implementation of paragraphs (a), (b), (c),

(d), (e) and (f).






    • The grantee may insert in the space provided below the site(s)

for the performance of work done in connection with the specific

grant:
      

Place of Performance (Street address, city, county, state, zip

code)
      

Check } if there are workplaces on file that are not identified

here.
    




    Alternate II. (Grantees Who Are Individuals) 
    




      


    • The grantee certifies that, as a condition of the grant, he

or she will not engage in the unlawful manufacture, distribution,

dispensing, possession, or use of a controlled substance in conducting

any activity with the grant;


    • If convicted of a criminal drug offense resulting from a violation

occurring during the conduct of any grant activity, he or she

will report the conviction, in writing, within 10 calendar days

of the conviction, to every grant officer or other designee, unless

the Federal agency designates a central point for the receipt

of such notices. When notice is made to such a central point,

it shall include the identification number(s) of each affected

grant.


    




    

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