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(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity <br />(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of <br />this certification; and <br />(4) Have not within a three-year period preceding this application had one or more public transactions <br />(Federal, State, or local) terminated for cause or default; and <br />B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach <br />an explanation to this application. <br />3. CERTIFICATIONS REGARDING DRUG -FREE WORKPLACE REOUIREMENTS• This certification <br />commits the applicant to compliance with the certification requirements under 44 CFR, Part 17 Government - <br />wide Requirements for Drug -Free Workplace (Grants). <br />A. The grantee certifies that it will or will continue to 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 grantee's workplace and specifying the <br />actions that will be taken against employees for violation of such prohibition; <br />(b) Establishing an ongoing drug -free awareness program to inform employees about— <br />(1) The dangers of drug abuse in the workplace; <br />(2) The grantee'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 to be engaged in the performance of the grant 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 grant, the employee will— <br />(1) Abide by the terms of the statement; and <br />(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute <br />occurring in the workplace no later than five calendar days after such conviction; <br />(e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph <br />(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of <br />convicted employees must provide notice, including position title, to every grant officer or other <br />designee on whose grant activity the convicted employee was working, unless the Federal agency has <br />designated a central point for the receipt of such notices. Notice shall include the identification <br />number(s) of each affected grant; <br />(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph <br />(d)(2), with respect to any employee who is so convicted— <br />(1) Taking appropriate personnel action against such an employee, up to and including termination, <br />consistent with the requirements of the Rehabilitation Act of 1973, as amended; 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 <br />other appropriate agency; <br />