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CERTIFICATION REGARDING DRUG- FREE WORKPLACE REQUIREMENTS This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988, 44 CFR Part 17, Subpart F. The regulations, published in the May 25, 1990 Federal Register, require certification by subgrantees, prior to award, that they will maintain a drug-free workplace. The certification set out below is a material representation of fact upon which reliance will be placed when the New York State Emergency Management Office determines to award the subgrant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants or government wide suspension or debarment. (See 44 CFR Part 17, Subpart C, 17.300, and Subpart D, 17.400) A. The subgrantee certifies that it will or will not continue to provide a drug-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispersing, possession, or use of a controlled substance is prohibited in the subgrantees workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing an ongoing drug-free awareness program to inform employees about- (1) the dangers of drug abuse in the workplace; (2) the subgrantees policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; (4) the penalties that may be imposed upon the employee for drug abuse violations occurring in the workplace; (c) making it a requirement that each employee to be engaged in the performance of the sub-grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of employment under subgrant, the employee will- (1) abide by the terms of that statement; and (2) notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) notifying the New York State Emergency Management Office in writing within ten calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Such notice shall include the position title of the employee and the federal identification number of the subgrantee. (f) taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted-
(1) taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation
Act of 1973, as amended; or (2) requiring such employee 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; (g) making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The subgrantee may insert in the space provided below the site (s) for the performance of work done in connection with this grant: Place (s) of Performance: (Please PRINT in the Street address, city, county, state and zip code)
Organization Name: ________________________________________________ Disaster Name: FEMA- _____-DR or EM-NY (Please Print ) Name and Title of Authorized Representative:______________________________________________________ Signature:_________________________________________________________Date:___________________________________