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17 <br />DEPARTMENT OF HEALTH AND HUMAN SERVICES <br />DIVISION OF PUBLIC HEALTH <br />CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS <br />I. By execution of this Agreement the Contractor certifies that it will provide a drug -free workplace by: <br />A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, <br />possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the <br />actions that will be taken against employees for violation of such prohibition; <br />B. Establishing a drug -free awareness program to inform employees about: <br />(1) The dangers of drug abuse in the workplace; <br />(2) The Contractor's policy of maintaining a drug -free workplace; <br />(3) Any available drug counseling, rehabilitation, and employee assistance programs; and <br />(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the <br />workplace; <br />C. Making it a requirement that each employee be engaged in the performance of the agreement be given a <br />copy of the statement required by paragraph (a); <br />D. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment <br />under the agreement, the employee will: <br />(1) Abide by the terms of the statement; and <br />(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace <br />no later than five days after such conviction; <br />E. Notifying the Department within ten days after receiving notice under subparagraph (dx2) from an <br />employee or otherwise receiving actual notice of such conviction; <br />F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with <br />respect to any employee who is so convicted: <br />(1) Taking appropriate personnel action against such an employee, up to and including termination; or <br />(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation <br />program approved for such purposes by a Federal, State, or local health, law enforcement, or other <br />appropriate agency; and <br />Making a good faith effort to continue to maintain a drug -free workplace through implementation of <br />paragraphs (a), (b), (c). (d), (e), and (f)• <br />