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<br />38. As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart <br />F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 <br /> <br />A. The applicant certifies that it will or will continue to provide a drug-free workplace by: <br /> <br />(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, <br />dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace <br />and specifying the actions that will be taken against employees for violation of such <br />prohibition; <br /> <br />(b) Establishing an on-going drug-free awareness program to inform employees about <br /> <br />(I) 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 <br />in the workplace; <br /> <br />(c) Making it a requirement that each employee to be engaged in the performance of the grant be <br />given a copy of the statement required by paragraph (a); <br /> <br />(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of <br />employment under the grant, the employee will <br /> <br />(I) 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 <br />drug statute occurring in the workplace no later than five calendar days after such <br />conviction; <br /> <br />(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under <br />subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. <br />Employers of convicted employees must provide notice, including position title, to: <br /> <br />Department of Justice, Office of Justice Programs, <br />ATTN: Control Desk, <br />633 Indiana Avenue, N.W., Washington, D.C. 20531. <br /> <br />Notice shall include the identification number(s) of each affected grant; <br /> <br />(I) Taking one of the following actions, within 30 calendar days of receiving notice under <br />subparagraph (d)(2), with respect to any employee who is so convicted <br /> <br />(1) Taking appropriate personnel action against such an employee, up to and including <br />termination, consistent with the requirements of the Rehabilitation Act of 1973, as <br />amended; or <br />(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or <br />rehabilitation program approved for such purposes by a Federal, State, or local health, law <br />enforcement, or other appropriate agency; <br /> <br />FY06 Homeland Security Grant Program <br /> <br />Page 49 <br />