DOT 49 CFR PART 32 ANUJRA-2010 GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE).pdf

1、394 49 CFR Subtitle A (10110 Edition) Pt. 32 (c) The statute of limitations may be extended by agreement of the parties. PART 32GOVERNMENTWIDE RE-QUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSIST-ANCE) Subpart APurpose and Coverage Sec. 32.100 What does this part do? 32.105 Does this part apply t

2、o me? 32.110 Are any of my Federal assistance awards exempt from this part? 32.115 Does this part affect the Federal con-tracts that I receive? Subpart BRequirements for Recipients Other Than Individuals 32.200 What must I do to comply with this part? 32.205 What must I include in my drug-free workp

3、lace statement? 32.210 To whom must I distribute my drug- free workplace statement? 32.215 What must I include in my drug-free awareness program? 32.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program? 32.225 What actions must I take concerning em

4、ployees who are convicted of drug vio-lations in the workplace? 32.230 How and when must I identify work-places? Subpart CRequirements for Recipients Who Are Individuals 32.300 What must I do to comply with this part if I am an individual recipient? 32.301 Reserved Subpart DResponsibilities of DOT A

5、warding Officials 32.400 What are my responsibilities as a DOT awarding official? Subpart EViolations of This Part and Consequences 32.500 How are violations of this part deter-mined for recipients other than individ-uals? 32.505 How are violations of this part deter-mined for recipients who are ind

6、ividuals? 32.510 What actions will the Federal Gov-ernment take against a recipient deter-mined to have violated this part? 32.515 Are there any exceptions to those ac-tions? Subpart FDefinitions 32.605 Award. 32.610 Controlled substance. 32.615 Conviction. 32.620 Cooperative agreement. 32.625 Crimi

7、nal drug statute. 32.630 Debarment. 32.635 Drug-free workplace. 32.640 Employee. 32.645 Federal agency or agency. 32.650 Grant. 32.655 Individual. 32.660 Recipient. 32.665 State. 32.670 Suspension. AUTHORITY: 41 U.S.C. 701 et seq. SOURCE: 68 FR 66645, Nov. 26, 2003, unless otherwise noted. Subpart A

8、Purpose and Coverage 32.100 What does this part do? This part 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 ma

9、tter of Federal Government policy. 32.105 Does this part 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 Transpor-tation; or (2) A(n) DOT awarding official. (See definitions of award and recipient in 32.605 and 32.66

10、0, respectively.) (b) The following 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) DOT awarding official . A, D and E. 32.110 Are any of my Federal assist

11、-ance awards exempt from this part? This part does not apply to any award that the Secretary of Transpor-tation determines that the application of this part would be inconsistent with the international obligations of the United States or the laws or regula-tions of a foreign government. VerDate Mar2

12、010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00404 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-395 Office of the Secretary of Transportation 32.220 32.115 Does this par

13、t affect the Fed-eral 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 32. 510(c). However, this part does not apply directly to procurement con-tracts. The portion of the D

14、rug-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 BRequirements

15、for Recipients Other Than Individuals 32.200 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 agree to do so

16、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 this subpart. Briefly, those measures are to (1) Publish a drug-free workplace statement and establish a drug-free awareness pr

17、ogram for your employees (see 32.205 through 32.220); and (2) Take actions concerning employ-ees who are convicted of violating drug statutes in the workplace (see 32.225). (b) Second, you must identify all known workplaces under your Federal awards (see 32.230). 32.205 What must I include in my dru

18、g-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 for violatin

19、g 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 workplace and must

20、 do so no more than five calendar days after the con-viction. 32.210 To whom must I distribute my drug-free workplace statement? You must require that a copy of the statement described in 32.205 be given to each employee who will be engaged in the performance of any Federal award. 32.215 What must I

21、 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-habilitation, and employee ass

22、istance programs; and (d) The penalties that you may im-pose upon them for drug abuse viola-tions occurring in the workplace. 32.220 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 already have a policy st

23、atement as described in 32.205 and an ongoing awareness program as described in 32.215, 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.must have the policy state-

24、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. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 2202

25、12 PO 00000 Frm 00405 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-396 49 CFR Subtitle A (10110 Edition) 32.225 If . . . then you . . . (c) You believe there are ex-traord

26、inary circumstances that will require more than 30 days for you to publish the policy statement and establish the awareness program.may ask the DOT awarding official to give you more time to do so. The amount of additional time, if any, to be given is at the discretion of the awarding official. 32.2

27、25 What actions must I take con-cerning 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 employee who is engaged in the performance

28、 of an award informs you about a conviction, as required by 32.205(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 num-ber(s) of each affected award; (4) Be se

29、nt 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 has specified a central point for the rece

30、ipt of the notices. (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 (29 U.S.C. 794), as am

31、ended; 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. 32.230 How and when must I identify workplaces? (a) You must identif

32、y all known workplaces under each DOT award. A failure to do so is a violation of your drug-free workplace requirements. You may identify the workplacesl (1) To the DOT official that is mak-ing the award, either at the time of ap-plication or upon award; or (2) In documents that you keep on file in

33、your offices during the perform-ance of the award, in which case you must make the information available for inspection upon request by DOT of-ficials or their designated representa-tives. (b) Your workplace identification for an award must include the actual ad-dress of buildings (or parts of build

34、-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 employees in each local unemployment office, performers in concert halls or radio studios). (c)

35、If you identified workplaces to the DOT awarding official at the time of application or award, as described in paragraph (a)(1) of this section, and any workplace that you identified changes during the performance of the award, you must inform the DOT awarding official. Subpart CRequirements for Rec

36、ipients Who Are Individuals 32.300 What must I do to comply with this part if I am an individual re-cipient? As a condition of receiving a(n) DOT award, if you are an individual recipi-ent, you must agree that (a) You will not engage in the unlaw-ful manufacture, distribution, dis-pensing, possessio

37、n, or use of a con-trolled substance in conducting any ac-tivity related to the award; and (b) If you are convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity, you will report the con-viction: (1) In writing. (2) Within 10 calendar days o

38、f the conviction. (3) To the DOT awarding official or other designee for each award that you currently have, unless 32.301 or the award document designates a central point for the receipt of the notices. When notice is made to a central point, VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 F

39、rm 00406 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-397 Office of the Secretary of Transportation 32.605 it must include the identification num-ber(s) of each affected a

40、ward. 32.301 Reserved Subpart DResponsibilities of DOT Awarding Officials 32.400 What are my responsibilities as a(n) DOT awarding official? As a(n) DOT awarding official, you must obtain each recipients agree-ment, as a condition of the award, to comply with the requirements in (a) Subpart B of thi

41、s part, if the re-cipient is not an individual; or (b) Subpart C of this part, if the re-cipient is an individual. Subpart EViolations of this Part and Consequences 32.500 How are violations of this part determined for recipients other than individuals? A recipient other than an individual is in vio

42、lation of the requirements of this part if the Secretary of Transpor-tation determines, in writing, that (a) The recipient has violated the re-quirements of subpart B of this part; or (b) The number of convictions of the recipients employees for violating criminal drug statutes in the work-place is

43、large enough to indicate that the recipient has failed to make a good faith effort to provide a drug-free workplace. 32.505 How are violations of this part determined for recipients who are individuals? An individual recipient is in viola-tion of the requirements of this part if the Secretary of Tra

44、nsportation deter-mines, in writing, that (a) The recipient has violated the re-quirements of subpart C of this part; or (b) The recipient is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity. 32.510 What actions will the Federal Gover

45、nment take against a recipi-ent determined to have violated this part? If a recipient is determined to have violated this part, as described in 32.500 or 32.505, the Department of Transportation may take one or more of the following actions (a) Suspension of payments under the award; (b) Suspension

46、or termination of the award; and (c) Suspension or debarment of the recipient under 49 CFR part 29, for a period not to exceed five years. 32.515 Are there any exceptions to those actions? The Secretary of Transportation may waive with respect to a particular award, in writing, a suspension of pay-m

47、ents under an award, suspension or termination of an award, or suspension or debarment of a recipient if the Sec-retary of Transportation determines that such a waiver would be in the pub-lic interest. This exception authority cannot be delegated to any other offi-cial. Subpart FDefinitions 32.605 A

48、ward. Award means an award of financial assistance by the Department of Trans-portation or other Federal agency di-rectly to a recipient. (a) The term award includes: (1) A Federal grant or cooperative agreement, in the form of money or property in lieu of money. (2) A block grant or a grant in an e

49、n-titlement program, whether or not the grant is exempted from coverage under the Governmentwide rule 49 CFR part 18 that implements OMB Circular A102 (for availability, see 5 CFR 1310.3) and specifies uniform administrative re-quirements. (b) The term award does not include: (1) Technical assistance that provides services instead of money. (2) Loans. (3) Loan guarantees. (4) Interest subsidies. (5) Insurance.