Although Federal agencies are required to have drug-free workplace programs for their employees, no Federal regulations universally affect private-sector employers that establish drug-free workplace programs. However, depending on the organization's industry and whether or not it does business with the Federal government, certain Federal regulations may apply.
Federal Contractors and Grantees/Drug-Free Workplace Act of 1988
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency. The Drug-Free Workplace Act of 1988 section of the Drug-Free Workplace Advisor provides in-depth information about the Drug-Free Workplace Act of 1988, including its requirements and penalties. It also allows users to determine coverage under the Act.
The Drug-Free Workplace Act of 1988 does not require drug testing; however, certain Federal agencies (including the Department of Defense, Department of Energy, Nuclear Regulatory Commission and National Aeronautics and Space Administration) have regulations that require contractors, grantees and licensees to have fitness-for-duty requirements or drug-free workplace programs that include drug testing.
Transportation Industry/Omnibus Transportation Employee Testing Act of 1991
The Omnibus Transportation Employee Testing Act of 1991 requires transportation industry employers who have employees in "safety-sensitive" positions, such as commercial drivers, to have drug-free workplace programs that include both drug and alcohol testing. The U.S. Department of Transportation (DOT) is responsible for implementing and enforcing these regulations, which cover approximately six million employees, both private and public sector.
More in-depth information about DOT's drug-testing regulations is available from DOT's Office of Drug and Alcohol Policy and Compliance Web site. This site includes a tool called Am I Covered?? that helps employers and employees quickly determine whether they are required to comply with the rules, as well as an employee page/handbook. It also provides program manager contact information for each mode of transportation impacted by the rules (aviation, trucking, railroad, mass transit, energy pipeline and maritime).