What Drug-Free Workplace Rules Apply to USDA Grant Recipients?

USDA grant and cooperative agreement recipients must maintain a drug-free workplace under 2 CFR Part 421, which gives regulatory effect to the governmentwide rule in 2 CFR Part 182 (2 CFR 421.10 and 421.20). The duty applies through a required term in each USDA award (2 CFR 421.400).

Policy statement. A recipient that is not an individual must publish a statement telling employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and stating the actions that will be taken for violations (2 CFR 182.205). Each employee engaged in the performance of the award must receive a copy of the statement (2 CFR 182.205 and 182.210).

Awareness program. The recipient must set up an ongoing drug-free awareness program that informs employees about the dangers of drug abuse in the workplace, the drug-free workplace policy, available counseling, rehabilitation and employee assistance programs, and the penalties for violations (2 CFR 182.215). The FAQ on drug-free workplace program components describes how these elements fit together.

Timing. If the performance period is 30 days or more, the policy and awareness program must be in place within 30 days after the award is made (2 CFR 182.220). The recipient must also identify the workplaces where work under the award is performed (2 CFR 182.230).

Convictions. After an employee reports a conviction for a drug violation in the workplace, the recipient must give written notice to the awarding official within 10 calendar days, including the employee's position title and the award numbers (2 CFR 182.225(a)). For USDA awards, that notice goes to each USDA agency with a current award to the recipient (2 CFR 421.225). Within 30 calendar days, the recipient must take appropriate personnel action consistent with the Rehabilitation Act of 1973, or require the employee to complete an approved drug abuse assistance or rehabilitation program (2 CFR 182.225(b)). The FAQ on legal requirements for drug testing in the workplace explains how these duties differ from testing rules.

Enforcement. The Secretary of Agriculture or a designee decides whether a recipient has violated the rule (2 CFR 421.500). Possible actions include suspension of payments, suspension or termination of the award, and debarment for up to five years (2 CFR 182.510).