[Federal Register Volume 63, Number 100 (Tuesday, May 26, 1998)]
[Rules and Regulations]
[Pages 28486-28487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X98-10526]
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DEPARTMENT OF DEFENSE
48 CFR Part 252
Solicitation Provisions and Contract Clauses
CFR Correction
In title 48 of the Code of Federal Regulations, chapter 2, parts
201 to 299, revised as of October 1, 1997, on page 440, section
252.223-7004 was inadvertently reserved, the omitted text should read
as follows:
252.223-7004 Drug-Free Work Force.
As prescribed in 223.570-4, use the following clause:
Drug-Free Work Force (Sep. 1988)
(a) Definitions. (1) Employee in a sensitive position, as used
in this clause, means an employee who has been granted access to
classified information; or employees in other positions that the
Contractor determines involve national security, health or safety,
or functions other than the foregoing requiring a high degree of
trust and confidence.
(2) Illegal drugs, as used in this clause, means controlled
substances included in Schedules I and II, as defined by section
802(6) of title 21 of the United States Code, the possession of
which is unlawful under chapter 13 of that title. The term ``illegal
drugs'' does not mean the use of a controlled substance pursuant to
a valid prescription or other uses authorized by law.
(b) The Contractor agrees to institute and maintain a program
for achieving the objective of a drug-free work force. While this
clause defines criteria for such a program, contractors are
encouraged to implement alternative approaches comparable to the
criteria in paragraph (c) that are designed to achieve the
objectives of this clause.
(c) Contractor programs shall include the following, or
appropriate alternatives:
(1) Employee assistance programs emphasizing high level
direction, education, counseling, rehabilitation, and coordination
with available community resources;
(2) Supervisory training to assist in identifying and addressing
illegal drug use by Contractor employees;
(3) Provision for self-referrals as well as supervisory
referrals to treatment with maximum respect for individual
confidentiality consistent with safety and security issues;
(4) Provision for identifying illegal drug users, including
testing on a controlled and carefully monitored basis. Employee drug
testing programs shall be established taking account of the
following:
(i) The Contractor shall establish a program that provides for
testing for the use of illegal drugs by employees in sensitive
positions. The extent of and criteria for such testing shall be
determined by the Contractor based on considerations that include
the nature of the work being performed under the contract, the
employee's duties, the efficient use of Contractor resources, and
the risks to health, safety, or national security that could result
from the failure of an employee adequately to discharge his or her
position.
(ii) In addition, the Contractor may establish a program for
employee drug testing--
(A) When there is a reasonable suspicion that an employee uses
illegal drugs; or
(B) When an employee has been involved in an accident or unsafe
practice;
(C) As part of or as a follow-up to counseling or rehabilitation
for illegal drug use;
(D) As part of a voluntary employee drug testing program.
(iii) The Contractor may establish a program to test applicants
for employment for illegal drug use.
(iv) For the purpose of administering this clause, testing for
illegal drugs may be limited to those substances for which testing
is prescribed by section 2.1 of subpart B of the ``Mandatory
Guidelines for Federal Workplace Drug Testing Programs'' (53 FR
11980 (April 11 1988)), issued by the Department of Health and Human
Services.
(d) Contractors shall adopt appropriate personnel procedures to
deal with employees who are found to be using drugs illegally.
[[Page 28487]]
Contractors shall not allow any employee to remain on duty or
perform in a sensitive position who is found to use illegal drugs
until such times as the Contractor, in accordance with procedures
established by the Contractor, determines that the employee may
perform in such a position.
(e) The provisions of this clause pertaining to drug testing
program shall not apply to the extent they are inconsistent with
state or local law, or with an existing collective bargaining
agreement; provided that with respect to the latter, the Contractor
agrees that those issues that are in conflict will be a subject of
negotiation at the next collective bargaining session.
(End of clause)
[57 FR 32737, July 23, 1992]
BILLING CODE 1505-01-D
