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Bill Number: 981 Ratification Number: 733 Act Number 593 Introducing Body: Senate Subject: Drug-free Workplace Act
(A593, R733, S981)
AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 41-1-85 SO AS TO PROVIDE THAT THE USE OF TOBACCO PRODUCTS OUTSIDE THE WORKPLACE MUST NOT BE THE BASIS OF A PERSONNEL ACTION.
Be it enacted by the General Assembly of the State of South Carolina:
Drug-free Workplace Act
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-107-10. This chapter may be cited as `The Drug-free Workplace Act'.
Section 44-107-20. As used in this chapter:
(1) 'Drug-free workplace' means a site for the performance of work done in connection with a specific grant or contract of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter.
(2) 'Employee' means the employee of a grantee or contractor engaged in the performance of work pursuant to the provisions of the grant or contract.
(3) 'Controlled substance' means a controlled substance in Article 3, Chapter 53 of this title.
(4) 'Conviction' means a finding of guilt, including a plea of nolo contendere or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
(5) 'Criminal drug statute' means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance.
(6) 'Grantee' means the department, division, or other unit of a person responsible for the performance under a grant.
(7) 'Contractor' means the department, division, or other unit of a person responsible for the performance under a contract with a state agency.
Section 44-107-30. No person, other than an individual, may receive a domestic grant or be awarded a domestic contract for the procurement of any goods, construction, or services for a stated or estimated value of fifty thousand dollars or more from any state agency unless the person has certified to the using agency that it will provide a drug-free workplace by:
(1) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's workplace and specifying the actions that will be taken against employees for violations of the prohibition;
(2) establishing a drug-free awareness program to inform employees about:
(a) the dangers of drug abuse in the workplace;
(b) the person's policy of maintaining a drug-free workplace;
(c) any available drug counseling, rehabilitation, and employee assistance programs; and
(d) the penalties that may be imposed upon employees for drug violations;
(3) making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by item (1);
(4) notifying the employee in the statement required by item (1) that, as a condition of employment on the contract or grant, the employee will:
(a) abide by the terms of the statement; and
(b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction;
(5) notifying the using agency within ten days after receiving notice under item (4)(b) from an employee or otherwise receiving actual notice of the conviction;
(6) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee convicted as required by Section 44-107-50; and
(7) making a good faith effort to continue to maintain a drug-free workplace through implementation of items (1), (2), (3), (4), (5), and (6).
Section 44-107-40. No state agency may enter into a domestic contract or make a domestic grant with any individual for a stated or estimated value of fifty thousand dollars or more unless the contract or grant includes a certification by the individual that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract.
Section 44-107-50. A grantee or contractor shall, within thirty days after receiving notice from an employee of a conviction pursuant to Article 3, Chapter 53 of this title:
(1) take appropriate personnel action against the employee up to and including termination; or
(2) require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for the purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
Section 44-107-60. Each domestic contract or domestic grant awarded by a state agency is subject to suspension of payments or termination or both, and the contractor or grantee under the contract or grant or the individual who entered the contract with or received the grant from the state agency, as applicable, is subject to suspension or debarment in accordance with Section 11-35-4220 if the appropriate Chief Procurement Officer, as defined in Section 11-35-310(5), determines that:
(1) the contractor or grantee has made a false certification under Section 44-107-30 or 44-107-40;
(2) the contractor or grantee violates the certification by failing to carry out the requirements of Section 44-107-30(1), (2), (3), (4), (5), and (6);
(3) the contractor or grantee does not take appropriate remedial action against employees convicted on drug offenses as specified in Section 44-107-50; or
(4) the number of employees of the contractor or grantee who have been convicted of violations of criminal drug statutes for violations occurring in the workplace reasonably indicates that the contractor or grant recipient has failed to make a good faith effort to provide a drug-free workplace as required by this chapter.
Section 44-107-70. Upon issuance of any final decision under this chapter requiring debarment of a contractor, grantee, or individual, the contractor, grantee, or individual is ineligible for award of any contract or grant by any state agency for a period specified in the decision of at least one year but not to exceed five years.
Section 44-107-80. Upon request, the South Carolina Commission on Alcohol and Drug Abuse shall provide technical assistance to any state agency to assist with the implementation of this chapter. Additionally, upon request, the names and addresses of contractors and grantees providing a drug-free workplace pursuant to this chapter must be provided to the commission.
Section 44-107-90. Failure to comply with any provision of this chapter shall not be grounds for any protest under Section 11-35-4210."
Personnel actions prohibited
SECTION 2. A. Chapter 1, Title 41 of the 1976 Code is amended by adding:
"Section 41-1-85. The use of tobacco products outside the workplace must not be the basis of personnel action, including, but not limited to, employment, termination, demotion, or promotion of an employee."
B. This section takes effect upon approval by the Governor.
SECTION 3. Upon approval by the Governor, Chapter 107 of Title 44 of the 1976 Code, as added by this act, applies to grants made or contracts executed after December 31, 1990.
Approved the 25th day of June, 1990.