REG 7 CFR PART 3021-2012 GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE).pdf

1、235 Office of Chief Financial Officer, USDA Pt. 3021 shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contr

2、actor shall be required to compute the wages of every mechanic and laborer on the basis of a stand-ard work week of 40 hours. Work in excess of the standard work week is permissible pro-vided that the worker is compensated at a rate of not less than 112 times the basic rate of pay for all hours work

3、ed in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the pur

4、chases of supplies or materials or articles ordinarily available on the open market, or contracts for transpor-tation or transmission of intelligence. 5. Rights to Inventions Made Under a Con-tract or AgreementContracts or agreements for the performance of experimental, devel-opmental, or research w

5、ork shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Govern-ment Grants, Contracts and Cooperative Agreements, and any implementi

6、ng regula-tions issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 et. seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amendedContracts and subgrants of amounts in excess of $100,000 shall contain a provision that re-quires the recipient to agree to comply

7、 with all applicable standards, orders or regula-tions issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Re-gional Office of the Environmen

8、tal Protec-tion Agency (EPA). 7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)Contractors who apply or bid for an award of $100,000 or more shall file the re-quired certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or

9、organization for influencing or at-tempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with ob-taining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each ti

10、er shall also disclose any lobbying with non-Federal funds that takes place in con-nection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689)All parties doing business with the Department of Agri

11、culture should con-sult the Departments regulations for debar-ment and suspension found at 7 CFR 3017. No contract shall be made to parties listed on the General Services Administrations List of Parties Excluded from Federal Procure-ment or Nonprocurement Programs in ac-cordance with E.O.s 12549 and

12、 12689, Debar-ment and Suspension. This list contains the names of parties debarred, suspended, or oth-erwise excluded by agencies, and contractors declared ineligible under statutory or regu-latory authority other than E.O. 12549. Con-tractors with awards that exceed the small purchase threshold sh

13、all provide the required certification regarding its exclusion status and that of its principal employees. PART 3021GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSIST-ANCE) Subpart APurpose and Coverage Sec. 3021.100 What does this part do? 3021.105 Does this part apply to me? 302

14、1.110 Are any of my Federal assistance awards exempt from this part? 3021.115 Does this part affect the Federal contracts that I receive? Subpart BRequirements for Recipients Other Than Individuals 3021.200 What must I do to comply with this part? 3021.205 What must I include in my drug- free workpl

15、ace statement? 3021.210 To whom must I distribute my drug-free workplace statement? 3021.215 What must I include in my drug- free awareness program? 3021.220 By when must I publish my drug- free workplace statement and establish my drug-free awareness program? 3021.225 What actions must I take con-c

16、erning employees who are convicted of drug violations in the workplace? 3021.230 How and when must I identify workplaces? Subpart CRequirements for Recipients Who Are Individuals 3021.300 What must I do to comply with this part if I am an individual recipient? 3021.301 Reserved VerDate Mar2010 07:28

17、 Feb 28, 2012 Jkt 226026 PO 00000 Frm 00245 Fmt 8010 Sfmt 8010 Y:SGML226026.XXX 226026erowe on DSK2VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-236 7 CFR Ch. XXX (1112 Edition) 3021.100 Subpart DResponsibilities of Department of

18、 Agriculture Awarding Officials 3021.400 What are my responsibilities as a Department of Agriculture awarding offi-cial? Subpart EViolations of This Part and Consequences 3021.500 How are violations of this part de-termined for recipients other than indi-viduals? 3021.505 How are violations of this

19、part de-termined for recipients who are individ-uals? 3021.510 What actions will the Federal Gov-ernment take against a recipient deter-mined to have violated this part? 3021.515 Are there any exceptions to those actions? Subpart FDefinitions 3021.605 Award. 3021.610 Controlled substance. 3021.615 C

20、onviction. 3021.620 Cooperative agreement. 3021.625 Criminal drug statute. 3021.630 Debarment. 3021.635 Drug-free workplace. 3021.640 Employee. 3021.645 Federal agency or agency. 3021.650 Grant. 3021.655 Individual. 3021.660 Recipient. 3021.665 State. 3021.670 Suspension. AUTHORITY: 5 U.S.C. 301; 41

21、 U.S.C. 701 et seq.; Pub. L. 101576, 104 Stat. 2838; 7 CFR 2.28. SOURCE: 68 FR 66557, 66565, Nov. 26, 2003, un-less otherwise noted. EFFECTIVE DATE NOTE: At 76 FR 76611, Dec. 8, 2011, Part 3021 was removed, effective Feb. 6, 2012. Subpart APurpose and Coverage 3021.100 What does this part do? This p

22、art carries out the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) that applies to grants. It also applies the provisions of the Act to cooperative agreements and other financial assist-ance awards, as a matter of Federal Government policy. 3021.105 Does this part

23、 apply to me? (a) Portions of this part apply to you if you are either (1) A recipient of an assistance award from the Department of Agriculture; or (2) A(n) Department of Agriculture awarding official. (See definitions of award and recipient in 3021.605 and 3021.660, respectively.) (b) The followin

24、g table shows the subparts that apply to you: If you are . . . see subparts . . . (1) A recipient who is not an individual A, B and E. (2) A recipient who is an individual . A, C and E. (3) A(n) Department of Agriculture awarding official.A, D and E. 3021.110 Are any of my Federal as-sistance awards

25、 exempt from this part? This part does not apply to any award that the Secretary of Agri-culture or designee determines that the application of this part would be incon-sistent with the international obliga-tions of the United States or the laws or regulations of a foreign government. 3021.115 Does

26、this part affect the Federal contracts that I receive? It will affect future contract awards indirectly if you are debarred or sus-pended for a violation of the require-ments of this part, as described in 3021. 510(c). However, this part does not apply directly to procurement con-tracts. The portion

27、 of the Drug-Free Workplace Act of 1988 that applies to Federal procurement contracts is car-ried out through the Federal Acquisi-tion Regulation in chapter 1 of Title 48 of the Code of Federal Regulations (the drug-free workplace coverage currently is in 48 CFR part 23, subpart 23.5). Subpart BRequ

28、irements for Recipients Other Than Individuals 3021.200 What must I do to comply with this part? There are two general requirements if you are a recipient other than an in-dividual. (a) First, you must make a good faith effort, on a continuing basis, to main-tain a drug-free workplace. You must agre

29、e to do so as a condition for receiv-ing any award covered by this part. The specific measures that you must take in this regard are described in more detail in subsequent sections of VerDate Mar2010 07:28 Feb 28, 2012 Jkt 226026 PO 00000 Frm 00246 Fmt 8010 Sfmt 8010 Y:SGML226026.XXX 226026erowe on

30、DSK2VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-237 Office of Chief Financial Officer, USDA 3021.225 this subpart. Briefly, those measures are to (1) Publish a drug-free workplace statement and establish a drug-free awareness p

31、rogram for your employees (see 3021.205 through 3021.220); and (2) Take actions concerning employ-ees who are convicted of violating drug statutes in the workplace (see 3021.225). (b) Second, you must identify all known workplaces under your Federal awards (see 3021.230). 3021.205 What must I includ

32、e in my drug-free workplace statement? You must publish a statement that (a) Tells your employees that the un-lawful manufacture, distribution, dis-pensing, possession, or use of a con-trolled substance is prohibited in your workplace; (b) Specifies the actions that you will take against employees f

33、or violating that prohibition; and (c) Lets each employee know that, as a condition of employment under any award, he or she: (1) Will abide by the terms of the statement; and (2) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workpla

34、ce and must do so no more than five calendar days after the con-viction. 3021.210 To whom must I distribute my drug-free workplace statement? You must require that a copy of the statement described in 3021.205 be given to each employee who will be en-gaged in the performance of any Fed-eral award. 3

35、021.215 What must I include in my drug-free awareness program? You must establish an ongoing drug- free awareness program to inform em-ployees about (a) The dangers of drug abuse in the workplace; (b) Your policy of maintaining a drug-free workplace; (c) Any available drug counseling, re-habilitatio

36、n, and employee assistance programs; and (d) The penalties that you may im-pose upon them for drug abuse viola-tions occurring in the workplace. 3021.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program? If you are a new recipient that does not alr

37、eady have a policy statement as described in 3021.205 and an ongoing awareness program as described in 3021.215, you must publish the state-ment and establish the program by the time given in the following table: If . . . then you . . . (a) The performance period of the award is less than 30 days.mu

38、st have the policy state-ment and program in place as soon as possible, but before the date on which performance is expected to be completed. (b) The performance period of the award is 30 days or more.must have the policy state-ment and program in place within 30 days after award. (c) You believe th

39、ere are ex-traordinary circumstances that will require more than 30 days for you to publish the policy statement and establish the awareness program.may ask the Department of Agriculture awarding official to give you more time to do so. The amount of addi-tional time, if any, to be given is at the d

40、iscretion of the awarding official. 3021.225 What actions must I take concerning employees who are con-victed of drug violations in the workplace? There are two actions you must take if an employee is convicted of a drug violation in the workplace: (a) First, you must notify Federal agencies if an e

41、mployee who is engaged in the performance of an award informs you about a conviction, as required by 3021.205(c)(2), or you otherwise learn of the conviction. Your notification to the Federal agencies mustl (1) Be in writing; (2) Include the employees position title; (3) Include the identification n

42、um-ber(s) of each affected award; (4) Be sent within ten calendar days after you learn of the conviction; and (5) Be sent to every Federal agency on whose award the convicted em-ployee was working. It must be sent to every awarding official or his or her of-ficial designee, unless the Federal agency

43、 has specified a central point for the receipt of the notices. VerDate Mar2010 07:28 Feb 28, 2012 Jkt 226026 PO 00000 Frm 00247 Fmt 8010 Sfmt 8010 Y:SGML226026.XXX 226026erowe on DSK2VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-

44、238 7 CFR Ch. XXX (1112 Edition) 3021.230 (b) Second, within 30 calendar days of learning about an employees convic-tion, you must eitherl (1) Take appropriate personnel action against the employee, up to and includ-ing termination, consistent with the requirements of the Rehabilitation Act of 1973

45、(29 U.S.C. 794), as amended; or (2) Require the employee to partici-pate satisfactorily in a drug abuse as-sistance or rehabilitation program ap-proved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency. 3021.230 How and when must I iden-tify workpla

46、ces? (a) You must identify all known workplaces under each Department of Agriculture award. A failure to do so is a violation of your drug-free workplace requirements. You may identify the workplacesl (1) To the Department of Agriculture official that is making the award, ei-ther at the time of appl

47、ication or upon award; or (2) In documents that you keep on file in your offices during the perform-ance of the award, in which case you must make the information available for inspection upon request by Depart-ment of Agriculture officials or their designated representatives. (b) Your workplace ide

48、ntification for an award must include the actual ad-dress of buildings (or parts of build-ings) or other sites where work under the award takes place. Categorical de-scriptions may be used (e.g., all vehi-cles of a mass transit authority or State highway department while in op-eration, State employe

49、es in each local unemployment office, performers in concert halls or radio studios). (c) If you identified workplaces to the Department of Agriculture award-ing official at the time of application or award, as described in paragraph (a)(1) of this section, and any work-place that you identified changes dur-ing the performance of the award, you must inform the Department of Agri-culture awarding official. Subpart CRequirement