4406.1 By submission of its application, the grantee, if other than an individual, certifies and agrees that with respect to all its employees under the grant it shall, no later than thirty (30) calendar days after grant award (unless a longer period is agreed to in writing), for a grant of thirty (30) calendar days or more performance duration; or as soon as possible for a grant of less than thirty (30) calendar days performance duration, but in any case, by a date prior to when the performance is expected to be completed:

1. (a) Publish a statement notifying such employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition;
2. (b) Establish a drug-free awareness program to inform such employees about the following:
3. (1) The dangers of drug abuse in the workplace;
4. (2) The grantee's policy of maintaining a drug-free workplace;
5. (3) Any available drug counseling, rehabilitation and employee assistance programs; and
6. (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
7. (c) Provide all employees engaged in performance of the grant with a copy of the statement required in paragraph (a) of this provision;
8. (d) Notify such employees in the statement required by paragraph (a) of this provision that as a condition of continued employment on the grant resulting from this solicitation, the employee shall do the following:
9. (1) Abide by the terms of this statement; and
10. (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) calendar days after notice of such conviction;
11. (e) Notify the Grant Officer in writing within ten (10) days after receiving notice under paragraph (d) (2) of this provision, from an

employee or otherwise receiving actual notice of such conviction;

(f) Within thirty (30) calendar days after receiving notice under paragraph (d) of this provision of a conviction, take one (1) of the following actions with respect to any employee who is convicted of drug abuse violations occurring in the workplace:

(1) Take appropriate personnel action against such employee up to and including termination; or

(2) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by the federal, State, or local health, law enforcement, or other appropriate agency; and

(g) Make a good faith effort to maintain a drug-free workplace through implementation of paragraphs (a) through (f) of this section.

4406.2 By submission of its application, the grantee, if an individual who is applying for a grant of any dollar value, certifies and agrees not to engage in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in the performance of the grant.

4406.3 The grantee's failure to comply with the requirements of §§ 4406.1 and 4406.2 may, pursuant to § 4413, render the grantee subject to suspension of grant payments, termination of the grant or other available legal remedies.

SOURCE: Final Rulemaking published at 54 DCR 11052 (November 16, 2007).