Many state & federal contract grantees are not aware of the contractual requirements to certify to the state that they maintain a Drug Free Workplace program for all employees throughout the duration of the contract. For an example of typical state law requirements, refer to Georgia Law (OCGA 50-24-3).  

To read the law, please click here and search on 50-24-3.  To research the law in your state, conduct an Internet search on "(Your State) contracts drug free workplace requirement".

After reading Georgia Law (OCGA 50-24-3), click here to start meeting your annual state and/or federal contractor and grant recipient requirements.

Additionally, GA Law: §33-9-40.2 & §34-9-410 provides a 7.5 percent discount on workers' compensation insurance premiums to employers who have implemented a drug-free workplace program that is certified by the state, and § 34-9-17 states that an employee may be disqualified from receiving benefits if his or her injury or death is due to intoxication or the use of controlled substances.

When entering into contracts with state, local, or federal government entities, the government is considered an “agent” of the people served by the agency or government.  Because of this public responsibility, many of the details of contracting, as well as rules and regulations pertaining to establishing specifications, the bidding process and the award or selection process are carefully defined by statute. This also means that the process is largely open to public scrutiny and is very structured.

The state-contracted Council on Alcohol and Drugs has helped more than 9,044 businesses, state contractors, subcontractors and nonprofit agencies achieve state certification as a drug-free workplace, qualify for the state mandated 7.5% discount on workers' compensation insurance and remain in compliance with state of Georgia contract law.
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Please check your state and/or federal contracts.  This is the common language in state of Georgia contracts:

1.  Drug-free Workplace.  The Contractor/Grantee hereby certifies as follows:

(i)  Contractor/Grantee will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this Contract; and

(ii)  If Contractor/Grantee has more than one employee, including Contractor, Contractor shall provide for such employee(s) a drug-free workplace program, in accordance with the Georgia Drug-free Workplace Act as provided in O.C.G.A. Section 50-24-1 et seq., throughout the duration of this Contract; and

(iii) Contractor/Grantee will secure from any subcontractor hired to work on any job assigned under this Contract the following written certification:  "As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name) certifies to the contractor that a drug-free workplace program will be provided for the subcontractor's employees during the performance of this Contract pursuant to paragraph 7 of subsection (b) of Code Section 50-24-3."

2.  Contractor may be suspended, terminated, or debarred if it is determined that:

(i)  Contractor has made false certification herein above; or

(ii)  Contractor has violated such certification by failure to carry out the requirements of O.C.G.A. Section 50-24-3(b).

Also refer to Georgia Law OCGA 33-9-40 for drug-free certification requirements.

THE BEST WAY TO CERTIFY TO THE STATE THAT YOUR ORGANIZATION AND YOUR SUBCONTRACTORS ARE IN COMPLIANCE WITH GEORGIA LAW IS TO PRESENT THE STATE WITH A STATE ISSUED DRUG-FREE WORKPLACE CERTIFICATE!

Click here for information on state certification as a drug-free workplace and to start meeting your state and federal contractor and grant recipient requirements. State certified drug-free workplaces in Georgia receive a state mandated 7.5% discount on workers compensation insurance premiums. This discount more than covers the nominal drug-free certification fee.