U.S Code last checked for updates: Nov 22, 2024
§ 654.
Paul D. Coverdell drug-free workplace program
(a)
Definitions
In this section:
(1)
Drug-free workplace program
The term “drug-free workplace program” means a program that includes—
(A)
a written policy, including a clear statement of expectations for workplace behavior, prohibitions against reporting to work or working under the influence of illegal drugs or alcohol, prohibitions against the use or possession of illegal drugs in the workplace, and the consequences of violating those expectations and prohibitions;
(B)
drug and alcohol abuse prevention training for a total of not less than 2 hours for each employee, and additional voluntary drug and alcohol abuse prevention training for employees who are parents;
(C)
employee illegal drug testing, with analysis conducted by a drug testing laboratory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pathologists for forensic drug testing, and a review of each positive test result by a medical review officer;
(D)
employee access to an employee assistance program, including confidential assessment, referral, and short-term problem resolution; and
(E)
continuing alcohol and drug abuse prevention education.
(2)
Eligible intermediary
The term “eligible intermediary” means an organization—
(A)
that has not less than 2 years of experience in carrying out drug-free workplace programs;
(B)
that has a drug-free workplace policy in effect;
(C)
that is located in a State, the District of Columbia, or a territory of the United States; and
(D)
(i)
the purpose of which is—
(I)
to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or
(II)
to provide other forms of assistance and services to small business concerns; or
(ii)
that is eligible to receive a grant under chapter 2 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1521 et seq.).
(3)
Employee
The term “employee” includes any—
(A)
applicant for employment;
(B)
employee;
(C)
supervisor;
(D)
manager;
(E)
officer of a small business concern who is active in management of the concern; and
(F)
owner of a small business concern who is active in management of the concern.
(4)
Medical review officer
The term “medical review officer”—
(A)
means a licensed physician with knowledge of substance abuse disorders; and
(B)
does not include any—
(i)
employee of the small business concern; or
(ii)
employee or agent of, or any person having a financial interest in, the laboratory for which the illegal drug test results are being reviewed.
(b)
Establishment
(1)
In general
(2)
Additional grants for technical assistance
(3)
2-year grants
(c)
Promotion of effective practices of eligible intermediaries
(1)
Technical assistance and information
(2)
Evaluation of program
(A)
Data collection and analysis
(B)
Method of evaluation
(d)
Evaluation and coordination
Not later than 18 months after October 21, 1998, the Administrator, in coordination with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of National Drug Control Policy, shall—
(1)
evaluate the drug-free workplace programs established with assistance made available under this section; and
(2)
submit to Congress a report describing the results of the evaluation under paragraph (1).
(e)
Contract authority
In carrying out this section, the Administrator may—
(1)
contract with public and private entities to provide assistance related to carrying out the program under this section; and
(2)
compensate those entities for provision of that assistance.
(f)
Construction
(g)
Authorization
(1)
In general
(2)
Small business development centers
(3)
Additional authorization for technical assistance grants
(4)
Limitation on administrative costs
(Pub. L. 85–536, § 2[27], as added Pub. L. 101–574, title III, § 310, Nov. 15, 1990, 104 Stat. 2831; amended Pub. L. 105–277, div. C, title IX, § 904, Oct. 21, 1998, 112 Stat. 2681–708; Pub. L. 106–554, § 1(a)(9) [title V, § 503(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–695; Pub. L. 108–447, div. K, title I, §§ 123–126, Dec. 8, 2004, 118 Stat. 3449–3451.)
cite as: 15 USC 654