[Federal Register Volume 63, Number 100 (Tuesday, May 26, 1998)]
[Rules and Regulations]
[Pages 28486-28487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X98-10526]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

48 CFR Part 252


Solicitation Provisions and Contract Clauses

CFR Correction

    In title 48 of the Code of Federal Regulations, chapter 2, parts 
201 to 299, revised as of October 1, 1997, on page 440, section 
252.223-7004 was inadvertently reserved, the omitted text should read 
as follows:


252.223-7004  Drug-Free Work Force.

    As prescribed in 223.570-4, use the following clause:

Drug-Free Work Force (Sep. 1988)

    (a) Definitions. (1) Employee in a sensitive position, as used 
in this clause, means an employee who has been granted access to 
classified information; or employees in other positions that the 
Contractor determines involve national security, health or safety, 
or functions other than the foregoing requiring a high degree of 
trust and confidence.
    (2) Illegal drugs, as used in this clause, means controlled 
substances included in Schedules I and II, as defined by section 
802(6) of title 21 of the United States Code, the possession of 
which is unlawful under chapter 13 of that title. The term ``illegal 
drugs'' does not mean the use of a controlled substance pursuant to 
a valid prescription or other uses authorized by law.
    (b) The Contractor agrees to institute and maintain a program 
for achieving the objective of a drug-free work force. While this 
clause defines criteria for such a program, contractors are 
encouraged to implement alternative approaches comparable to the 
criteria in paragraph (c) that are designed to achieve the 
objectives of this clause.
    (c) Contractor programs shall include the following, or 
appropriate alternatives:
    (1) Employee assistance programs emphasizing high level 
direction, education, counseling, rehabilitation, and coordination 
with available community resources;
    (2) Supervisory training to assist in identifying and addressing 
illegal drug use by Contractor employees;
    (3) Provision for self-referrals as well as supervisory 
referrals to treatment with maximum respect for individual 
confidentiality consistent with safety and security issues;
    (4) Provision for identifying illegal drug users, including 
testing on a controlled and carefully monitored basis. Employee drug 
testing programs shall be established taking account of the 
following:
    (i) The Contractor shall establish a program that provides for 
testing for the use of illegal drugs by employees in sensitive 
positions. The extent of and criteria for such testing shall be 
determined by the Contractor based on considerations that include 
the nature of the work being performed under the contract, the 
employee's duties, the efficient use of Contractor resources, and 
the risks to health, safety, or national security that could result 
from the failure of an employee adequately to discharge his or her 
position.
    (ii) In addition, the Contractor may establish a program for 
employee drug testing--
    (A) When there is a reasonable suspicion that an employee uses 
illegal drugs; or
    (B) When an employee has been involved in an accident or unsafe 
practice;
    (C) As part of or as a follow-up to counseling or rehabilitation 
for illegal drug use;
    (D) As part of a voluntary employee drug testing program.
    (iii) The Contractor may establish a program to test applicants 
for employment for illegal drug use.
    (iv) For the purpose of administering this clause, testing for 
illegal drugs may be limited to those substances for which testing 
is prescribed by section 2.1 of subpart B of the ``Mandatory 
Guidelines for Federal Workplace Drug Testing Programs'' (53 FR 
11980 (April 11 1988)), issued by the Department of Health and Human 
Services.
    (d) Contractors shall adopt appropriate personnel procedures to 
deal with employees who are found to be using drugs illegally.

[[Page 28487]]

Contractors shall not allow any employee to remain on duty or 
perform in a sensitive position who is found to use illegal drugs 
until such times as the Contractor, in accordance with procedures 
established by the Contractor, determines that the employee may 
perform in such a position.
    (e) The provisions of this clause pertaining to drug testing 
program shall not apply to the extent they are inconsistent with 
state or local law, or with an existing collective bargaining 
agreement; provided that with respect to the latter, the Contractor 
agrees that those issues that are in conflict will be a subject of 
negotiation at the next collective bargaining session.

(End of clause)

[57 FR 32737, July 23, 1992]

BILLING CODE 1505-01-D