ORANGE COUNTY TRANSPORTATION AUTHORITY (16)

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COOPERATIVE AGREEMENT NO. C-1-3252 EXHIBIT B Temporary personnel and consultants who are on the grantee's payroll are covered. Similar workers, who are not on the grantee's payroll, but on the payroll of contractors working for the grantee, are not covered even if physical place of employment is in the grantee's workplace. By establishing a continuing, drug -free awareness program to inform employees of the dangers of drug abuse; the company's drug -free workplace policy; the penalties for drug abuse violations occurring in the workplace; the availability of any drug counseling, rehabilitation, and/or employee assistance plans offered through the employer. By requiring each employee directly involved in the work of the contract or grant to notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not less than five (5) calendar days after such conviction. By notifying the Federal agency with which the employer has the contract or grant of any such conviction within ten (10) days after being notified by an employee or any other person with knowledge of a conviction. By requiring the imposition of sanctions or remedial measures, including termination, for an employee convicted of a drug abuse violation in the workplace. These sanctions may be participation in a drug rehabilitation program if so stated in the company policy. By continuing to make a "good -faith" effort to comply with all of the requirements as set forth in the Drug -Free Workplace Act. All employers covered by the law are subject to suspension of payments, termination of the contract or grant, suspension or debarment if the head of the contracting or granting organization determines that the employer has made any type of false certification to the contracting or grant office, has not fulfilled the requirements of the law, or has excessive drug violation convictions in the workplace. Penalties may also be imposed upon those employing a number of individuals convicted of criminal drug offenses as this demonstrates a lack of good faith effort to provide a drug -free workplace. The contract or grant officer may determine the number on a case -by -case basis. Employers who are debarred are ineligible for other Federal contracts or grants for up to five (5) years. Compliance may be audited by the Federal agency administering the contract or grant. The Drug -free Workplace Act does not require employers to establish an employee assistance program (EAP) or to implement drug testing as a part of the program. Source: Federal Registers April11, 1988 & May 25, 1990 & the FederalAcquisition Streamlining Act of 1994 (FASA). Page 2 of 2 Revised: 03/03/2010