2. The Five Required Elements

What every covered employer's drug-free workplace program must include

To certify compliance with the DFWA, a covered employer must establish and maintain a drug-free workplace program with these five elements:

1. A written policy prohibiting the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace, and specifying the actions that will be taken for violations.
2. An awareness program informing employees about the dangers of drug abuse in the workplace, the employer's policy, available counseling and rehabilitation programs, and the penalties for workplace drug violations. (This training is part of element 2.)
3. Notification to each covered employee that, as a condition of employment under the contract/grant, they must (a) abide by the terms of the policy, and (b) notify the employer of any conviction for a workplace drug-statute violation within 5 calendar days.
4. Notification by the employer to the contracting agency of any employee conviction within 10 calendar days of receiving notice of the conviction.
5. Appropriate personnel action taken against a convicted employee within 30 calendar days, OR required participation in an approved drug-abuse treatment program. The employer must also make a continuing good-faith effort to maintain a drug-free workplace.

3. The Written Policy

What the policy must say and where to post it

What the policy must prohibit

The written policy must prohibit, in the workplace, all of the following with respect to controlled substances:

• Unlawful manufacture
• Distribution
• Dispensing
• Possession
• Use

"Controlled substance" means a substance listed under Schedule I through V of the Controlled Substances Act (21 USC §812). This includes marijuana — regardless of any state's recreational or medical legalization.

What counts as the "workplace"

For DFWA purposes, "workplace" includes any location where employees perform work under the federal contract or grant. That includes:

• The employer's own premises
• Federal premises where work is performed
• Any other location where covered work happens — customer sites, off-site projects, work travel

Stating penalties

The policy must specify the actions the employer will take against violators. Generally, this is described in terms of progressive discipline up to and including termination, AND/OR required participation in an approved treatment program.

Distribution and acknowledgment

The policy should be distributed to every covered employee. Best practice is to require a signed acknowledgment that the employee has read and will abide by it. Some employers re-distribute and re-acknowledge annually.

4. Employee Notification

What employees must be told — and what their condition-of-employment obligation is

Each covered employee must be notified, as a CONDITION of their employment under the contract or grant, of two specific things:

1. They must abide by the terms of the drug-free workplace policy.
2. They must notify the employer in writing of any conviction for a workplace drug-statute violation within 5 calendar days of the conviction.

Why the notification matters

This notification is the legal hook that makes the policy and conviction-reporting requirement part of the employment relationship. Without it, an employee who's convicted may argue they had no obligation to report. With it, that argument fails.

Methods of notification

Common methods:

• Inclusion in the employment offer letter as a condition of employment
• Inclusion in the employee handbook with signed acknowledgment
• Standalone "Notice of Drug-Free Workplace Requirements" with signed acknowledgment
• Annual policy distribution with re-acknowledgment

Whatever method is used, the employer should keep a record of the notification and any acknowledgment in each employee's personnel file. In a federal audit, "we told them but can't prove it" is the same as "we didn't tell them."

5. The Awareness Program

What this training itself must cover

The DFWA requires covered employers to establish an awareness program to inform employees about four specific topics:

1. The dangers of drug abuse in the workplace — safety risks, performance/productivity impact, effect on coworkers, public-safety implications where relevant.
2. The employer's policy of maintaining a drug-free workplace — what's prohibited, what consequences attach.
3. Any available drug counseling, rehabilitation, and employee assistance programs — including EAP, treatment options, contact information.
4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

How "awareness program" is interpreted

The DFWA doesn't prescribe a specific format. Acceptable forms include:

• Formal training sessions like this one
• Distributed written materials with sign-off
• Workplace posters covering the four topics
• Periodic refreshers

Most contracting agencies expect at least some affirmative training plus distributed materials. A few posters in the break room, by themselves, are usually not considered sufficient.

What this training covers — and doesn't

This training covers DFWA requirements, your role under the policy, and what to do if you have a problem or are convicted of a workplace violation. It does NOT cover:

• Specific drug-testing procedures (those are separate, under DOT, company policy, or state law)
• Clinical diagnosis or treatment of substance use disorder (your healthcare provider does that)
• Criminal-law specifics of drug offenses (consult an attorney)

6. Convictions: Employee Side

Your obligation if convicted of a workplace drug-statute violation

The 5-day rule

If you are convicted of a violation of a criminal drug statute occurring in the workplace, you must notify your employer in writing within 5 CALENDAR days of the conviction. "Calendar days" — weekends and holidays count.

What "conviction" means

The DFWA uses a specific definition. A "conviction" includes:

• A finding of guilt by a judge or jury
• A plea of nolo contendere (no contest)
• Imposition of a sentence (or both)

An arrest WITHOUT conviction is not a triggering event. A dropped charge is not. A diversion or pretrial-intervention program that doesn't result in a conviction is generally not.

What "in the workplace" means

The conviction must be for a violation occurring in the workplace as defined in Section 3. Conduct entirely outside any workplace location is NOT a DFWA-reportable event.

How to notify your employer

In writing — email is acceptable for most employers, but check if the policy specifies a method. Direct it to the official your employer's policy designates (typically HR or a compliance officer). Document that you sent it (e.g., delivery receipt, sent-mail folder).

7. Convictions: Employer Side

Timelines after the employer learns of a workplace drug conviction

The timeline

1. Day 0 — Employee notifies employer (or employer otherwise receives actual notice).
2. Within 10 calendar days of notice
   — Employer must notify the contracting agency in writing of the conviction. Notification typically goes to the contracting officer named on the contract.
3. Within 30 calendar days of notice
   — Employer must take appropriate personnel action against the convicted employee AND/OR require participation in an approved drug-abuse treatment program.

What the notice to the agency must include

The notice should identify the employee, the contract or grant under which the employee is engaged, the conviction, and any action taken or planned. Some agencies have a specific form; many accept a clear written notice on letterhead.

Why these deadlines matter

The 10-day and 30-day deadlines are statutory. Missing either is a compliance failure that can be cited in an audit. Build a process where any HR person or compliance officer who receives a conviction notice immediately routes it to the DFWA compliance owner with the deadline calculated.

8. Appropriate Personnel Action

What the employer must do — and the choices available

Within 30 calendar days of learning of an employee's workplace drug conviction, the employer must take "appropriate personnel action." The DFWA gives the employer two paths:

Path 1: Disciplinary action

Disciplinary action up to and including termination. The employer's policy and the seriousness of the conviction guide the specific action.

Path 2: Required participation in an approved treatment program

The employee may be required 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.

The employer's choice — and its limits

The choice between path 1 and path 2 is the employer's, with these limits:

• The action must be timely (within 30 days)
• The action must be reasonable in relation to the offense
• The action, viewed in context with the employer's program as a whole, must reflect a continuing good-faith effort to maintain a drug-free workplace
• For repeated violations, more serious action becomes appropriate

Documentation

Whatever action is taken, document it. Keep a record of the decision, the rationale, the notice to the employee, and any follow-up. The contracting agency may ask for this in an audit.

9. Non-Compliance Consequences

What can happen if the employer fails to comply

The DFWA isn't a criminal statute — there's no jail time for the company. But the administrative consequences can be devastating for a business that depends on federal funding:

What contracting agencies can do

• Suspension of payments under the existing contract or grant
• Suspension or termination of the contract or grant itself
• Suspension or debarment from future federal contracts and grants — up to 5 years

What triggers enforcement

• Failure to provide the required written policy / awareness program / notifications
• Failure to report a workplace drug conviction
• Failure to take appropriate personnel action
• Repeated violations indicating that the contractor is not maintaining a drug-free workplace in good faith
• Demonstrating bad faith by ignoring known violations

The "good faith effort" defense

The DFWA recognizes that even diligent employers may have employees who violate. The key question is whether the employer is making a continuing good-faith effort. A single conviction handled correctly (timely reporting, appropriate personnel action) is not a compliance failure. A pattern of ignored convictions is.

10. State Law + DOT Overlap

How other regimes layer on top of the DFWA

State drug-free workplace laws

Several states have their own drug-free workplace laws — most commonly tied to workers'-compensation premium discounts for employers that adopt a state-defined drug-free workplace program. Examples: Florida, Ohio, Tennessee, Virginia.

These state programs typically REQUIRE drug testing (unlike the DFWA), in addition to the policy/training/notification elements. Where applicable, comply with both.

State medical and recreational marijuana laws

State marijuana legalization does NOT change the DFWA. Marijuana remains a Schedule I controlled substance under federal law, and the DFWA covers all controlled substances. A state-legal user is still subject to the DFWA's prohibitions in a covered workplace.

DOT overlap

If you're a DOT-regulated employer (FMCSA, FAA, FRA, etc.) and ALSO a federal contractor, you must comply with BOTH:

• DOT drug & alcohol testing rules under 49 CFR Part 40 and the mode-specific rules (382 for FMCSA, etc.)
• DFWA's 5-element compliance program

The two regimes are independent. A driver who tests positive under DOT may NOT trigger DFWA reporting (no conviction). A driver who is convicted of workplace drug activity DOES trigger DFWA reporting (regardless of whether they tested positive).

FAR 52.223-6 — Drug-Free Workplace clause

Federal contracts subject to the DFWA include FAR 52.223-6 ("Drug-Free Workplace"). This clause is the formal vehicle through which DFWA requirements flow into the contract. The clause is required to be flowed down to covered subcontractors of $100,000+.

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