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<br />Employee means the employee of a grantee directly engaged in the performance of work <br />under a grant, including: i all direct charge employees; ii all indirect charge employees unless their <br />impact or involvement is insignificant to the performance of the grant; and Iii temporary personnel <br />and consultants who are directly engaged in the performance of work under the grant and who are on <br />the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., <br />volunteers, even if used to meet a matching requirement; consultants or independent contractors not <br />on the grantees' payroll; or employees of sub-recipients or subcontractors in covered workplaces). <br /> <br />Certification: <br /> <br />A. The sponsors certify that they will or will continue to provide a drug-free workplace by: <br /> <br />1. 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 <br />workplace and specifying the actions that will be taken against employees for violation of <br />such prohibition; <br /> <br />2. Establishing an ongoing drug-free awareness program to inform employees about - <br />a. The danger of drug abuse in the workplace; <br />b. The grantee's policy of maintaining a drug-free workplace; <br />c. Any available drug counseling, rehabilitation, and employee assistance programs; and <br />d. The penalties that may be imposed upon for drug abuse violations occurring in the <br />workplace <br /> <br />3. Making it a requirement that each employee to be engaged in the performance of the <br />grant be given a copy of the statement required by paragraph 1 ; <br /> <br />4. Notifying the employee in the statement required by paragraph 1 that, as a condition of <br />employment under the grant, the employee will - <br />a. Abide by the terms of the statement; and <br />b. Notify the employer in writing of his or her conviction for a violation of a criminal drug <br />statue occurring in the workplace no later than five calendar days after such <br />conviction; <br />5. Notifying the NRCS in writing, within ten calendar days after receiving notice under <br />paragraph 4 b from an employee or otherwise receiving actual notice of such conviction. <br />Employers of convicted employees must provide notice, including position title, to every <br />grant officer or other designee on whose grant activity the convicted employee was <br />working, unless the Federal agency has designated a central point for the receipt of such <br />notices. Notice shall include the identification number(s) of each affected grant; <br /> <br />6. Taking one of the following actions, within 30 calendar days of receiving notice under <br />paragraph 4 b , with respect to any employee who is so convicted - <br />a. 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 />b. 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, <br />law enforcement, or other appropriate agency. <br /> <br />v <br />