What Does the DFARS Drug-Free Work Force Clause Require?

Defense contractors on certain contracts must keep a drug-free work force program under the DFARS clause at 48 CFR 252.226-7003, Drug-Free Work Force (Aug 2024). Before August 2024 the clause was numbered 252.223-7004 (89 FR 66283). The policy at DFARS 226.570-1 is that DoD contractors maintain a program for achieving a drug-free work force. This DFARS clause is in addition to the FAR drug-free workplace clause, whose duties are covered in drug-free workplace program components.

When the clause applies. Under DFARS 226.570-2, contracting officers use the clause in solicitations and contracts that involve access to classified information, or when the contracting officer decides it is needed for national security or to protect health or safety. The clause is not used for commercial products and commercial services, for work performed outside the United States and its outlying areas unless the contracting officer decides otherwise, or at or below the simplified acquisition threshold.

Program elements. The contractor's program must include the following, or appropriate alternatives:

• Employee assistance programs with education, counseling, rehabilitation and links to community resources.
• Supervisory training to help identify and address illegal drug use.
• Self-referrals and supervisory referrals to treatment, with maximum respect for confidentiality consistent with safety and security.
• A way to identify illegal drug users, including testing on a controlled and carefully monitored basis.

Who is tested. The contractor must test employees in sensitive positions. These are employees with access to classified information and others the contractor decides hold positions involving national security, health or safety, or a high degree of trust. The contractor sets the extent and criteria for testing based on the nature of the work, the employee's duties and the risks. The contractor may also test on reasonable suspicion, after an accident or unsafe practice, as part of or after counseling or rehabilitation, under a voluntary program, and for applicants. Testing may be limited to the drugs listed in the HHS Mandatory Guidelines. The clause defines illegal drugs as Schedule I and II controlled substances whose possession is unlawful, not drugs used under a valid prescription.

After a positive finding. Contractors must adopt personnel procedures for employees found using illegal drugs. An employee found using illegal drugs may not remain on duty or work in a sensitive position until the contractor decides, under its own procedures, that the employee may return.

State law and bargaining agreements. The testing provisions do not apply to the extent they conflict with state or local law or an existing collective bargaining agreement, and conflicts with an agreement become a subject for the next bargaining session. The FAQ on who requires non-DOT drug testing gives more context.

Supervisor training. Supervisory training is a listed program element. The FAQ on reasonable suspicion training for supervisors explains what that training covers.