THE  SC DRUG-FREE WORKPLACE ACT

Many state & federal contract grantees are not aware of the contractual requirements to certify to the state that they maintain a Drug Free Workplace program for all employees throughout the duration of the contract.  The SC Drug-Free Workplace Act requires that persons receiving a grant or contract from a state agency for goods, construction, or services for a stated or estimated value of fifty thousand dollars or more certify to the state that they will implement and maintain a drug-free workplace program.  Refer to South Carolina Law Section 44-107-10.

To read the law, please bookmark our website, then click here: http://www.scstatehouse.net/CODE/t44c107.htm

After reading South Carolina Law Section 44-107-10, return to our website and click here to start meeting your state and and/or federal contractor and grant recipient requirements. Together we can make a difference in the fight against drug abuse in our nation.

Additionally, SC law: §38-73-500 provides a 5 percent discount on workers' compensation insurance premiums to employers who establish a drug free workplace program.  The law requires at a minimum an employer provide a written substance abuse policy, employee notification of program, confidentiality procedures and random sampling of all employees. Under Section §42-90-60, 42-11-100 benefits may be denied if injury or death was occasioned by intoxication. 

The state-contracted Council on Alcohol and Drugs has helped more than 9,044 businesses, state contractors, subcontractors and nonprofit agencies achieve state certification as a drug-free workplace, qualify for the state of SC mandated 5% discount on workers' compensation insurance and remain in compliance with state of South Carolina contract law.

Please check your state and/or federal contracts.  This is an example of the language in state of South Carolina contracts:

As required by the S.C. Drug-Free Workplace Act #593 and the Federal Drug-Free Workplace Act and implemented under the applicable CFR:

A. The contractor certifies that it will implement or will continue to provide a drug-free workplace program by:

(a) Publishing a substance abuse policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

(b) Establishing an on-going drug-free awareness education program to inform employees about-

(1) The dangers of drug abuse in the workplace;

(2) The contractor’s policy of maintaining a drug-free workplace program;

(3) Any available drug counseling, rehabilitation and employee assistance programs; and

(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Making it a requirement that each employee engaged in the performance of the contract be given a copy of the substance abuse policy required by paragraph (a);

(d) Notifying the employee in the policy statement required by paragraph (a) that, as a condition of employment under the contract, the employee will –

(1) Abide by the terms of the company substance abuse policy; and

(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;

(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the State Funding Agency. Notice shall include the identification number(s) of each affected contract;

(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted:

(1) Taking appropriate personnel action against such an employee up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employees to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e)and (f) throughout the duration of said contract.

Click here to begin meeting state contract/grantee requirements and qualify for the state mandated 5% discount on workers compensation insurance premiums along with all other benefits of a drug free workplace program.

WHY WOULD ANY ORGANIZATION NOT WANT TO CERTIFY AS A DRUG FREE WORKPLACE??