Frequently Asked Questions

Under OMB's governmentwide drug-free workplace guidance, a recipient of a federal grant or cooperative agreement must make a good-faith effort to maintain a drug-free workplace, which includes publishing a written policy statement, setting up a drug-free awareness program and notifying the awarding agency of employee drug convictions (2 CFR 182.200 to 182.225). Each federal agency adopts this guidance in its own chapter of Title 2 (2 CFR 182.30). It covers financial assistance awards such as grants and cooperative agreements, and not technical assistance that provides services instead of money, loans, loan guarantees, interest subsidies, insurance, direct appropriations or veterans' benefits to individuals (2 CFR 182.605(b)). Federal contracts are covered separately by FAR subpart 26.5 and the clause at FAR 52.226-7.

Policy statement. The recipient must publish a statement that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in its workplace, and specify the actions it will take against employees who violate the prohibition. Each employee who will work on any federal award must get a copy (2 CFR 182.210) and must be told that, as a condition of employment under any award, the employee must abide by the statement and notify the employer in writing of a conviction for a criminal drug statute violation in the workplace no later than five calendar days after the conviction (2 CFR 182.205).

Awareness program. The recipient must inform employees about the dangers of drug abuse in the workplace, its policy, available counseling, rehabilitation and employee assistance programs, and the penalties for drug abuse violations (2 CFR 182.215).

Conviction reporting. Within 10 calendar days after learning of an employee's conviction, the recipient must notify in writing each federal agency on whose award the employee was working, including the employee's position title and the identification number of each affected award. Within 30 calendar days, it must take appropriate personnel action or require the employee to complete an approved assistance or rehabilitation program (2 CFR 182.225).

Violations. A recipient is in violation if the agency head or a designee determines in writing that it has violated subpart B, or that the number of employee convictions for workplace drug violations is large enough to show it has not made a good-faith effort (2 CFR 182.500). Possible actions include suspension of payments, suspension or termination of the award, and suspension or debarment for up to five years (2 CFR 182.510). For a particular award, the agency head may waive these actions in writing if the waiver is in the public interest, and that authority cannot be delegated (2 CFR 182.515).

Related topics. The FAQ on drug-free workplace program components and the FAQ on DOT employee assistance program requirements describe workplace program elements.

A non-federal entity, such as a state, local government, Indian tribe, college or nonprofit, that spends $1,000,000 or more in federal awards during its fiscal year must have a single audit or, if it qualifies, a program-specific audit for that year (2 CFR 200.501(a) and (b)). The threshold is set by OMB's Uniform Guidance.

Program-specific audit option. An entity may elect a program-specific audit instead if it spends federal awards under only one federal program (not research and development) and the program's statutes, regulations or award terms do not require a financial statement audit (2 CFR 200.501(c)). A separate option applies to research and development awards from a single agency, if the agency approves in advance (2 CFR 200.501(d)).

Below the threshold. An entity that spends less than $1,000,000 in federal awards during its fiscal year is exempt from federal audit requirements for that year, except as noted in 2 CFR 200.503. Its records must still be available for review or audit by the federal agency, the pass-through entity and the Government Accountability Office (2 CFR 200.501(e)).

Pending changes. OMB published a proposed rule titled "Regulation for Federal Financial Assistance" on May 29, 2026. Under the Continuing Appropriations Act, 2027, a rule revising the Uniform Guidance from that proposal, or a substantially similar rule, may not be issued or finalized, and may not take effect, through December 11, 2026 (Pub. L. 119-103, Division A, sec. 157).

Related grant duties. Grant recipients also have drug-free workplace duties, covered in the FAQ on drug-free workplace rules for federal grant recipients. The FAQ on drug-free workplace program components lists common policy elements, and the FAQ on what compliance training is describes how training is recorded.

A person cannot be penalized for failing to respond to a federal information collection, such as a form, survey or recordkeeping requirement, that does not display a currently valid OMB control number, or whose instructions do not inform the person that no response is required unless a valid control number is displayed (5 CFR 1320.6(a) and 44 U.S.C. 3512). This public protection is part of the Paperwork Reduction Act.

A complete defense. The protection may be raised in the form of a complete defense, bar or otherwise at any time during an agency administrative process or a judicial action (5 CFR 1320.6(b) and 44 U.S.C. 3512(b)).

Benefits and conditions. When an agency uses a collection to prove or satisfy a condition for receiving a benefit or avoiding a penalty, and the collection lacks a valid control number or the required notice, the agency must not treat a failure to comply, by itself, as grounds for withholding the benefit or imposing the penalty. The agency must instead permit the condition to be proved or satisfied in any other reasonable manner (5 CFR 1320.6(c)).

Where control numbers appear. An agency displays the currently valid control number on the front page of a paper collection, or for an electronic collection, in the instructions, near the title or, for an online application, on the first screen the respondent sees (5 CFR 1320.3(f)). The agency must also tell respondents that no response is required unless a currently valid control number is displayed (5 CFR 1320.5(b)(2)). Examples include the U.S. Access Board's online ABA complaint form (3014-0012, expiration date September 30, 2029) and the Department of Education's Drug-Free Schools and Campuses certification (1880-0522).

Renewals. Before submitting a collection to OMB, an agency must generally publish a 60-day notice in the Federal Register inviting public comment (5 CFR 1320.8(d)(1)). On or before the submission date, it must publish a second notice that OMB approval is being sought, with comments due to OMB within 30 days (5 CFR 1320.10(a)). The news posts on PHMSA's request to renew seven OMB control numbers, the Labor Department's veterans employment claim form and the Access Board's ABA complaint form are examples.

Workplace forms. DOT drug testing forms such as the Federal Drug Testing Custody and Control Form also carry OMB control numbers, described in the FAQ on drug testing chain of custody.