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Session Laws, 1990 Session
Volume 436, Page 3516   View pdf image (33K)
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EXECUTIVE ORDERS

(7) "Workplace" means any place at which work is performed in
accordance with the terms of a State contract, grant, loan or other instrument that
governs the receipt of State funds.

C. Responsibilities of the Board of Public Works. The Secretary to the Board of
Public Works shall cause to be prepared for the Board's consideration, pursuant
to its statutory authority to control State procurement and to award or approve
the disbursement of certain State contracts, grants, loans, and other funds for the
workplace, in accordance with applicable federal and State law, regulations
requiring the recipients of those funds to establish a drug and alcohol free
workplace program. Those regulations shall include:

(1) Provisions that require each recipient to maintain a workplace free of
drug and alcohol abuse during the term of the contract, grant, loan, or other
receipt of State funds;

(2) Provisions that prohibit the unlawful manufacture, distribution,
dispensation, possession, or use of drugs in the workplace of a recipient;

(3) Provisions that prohibit employees of a recipient from working under
the influence of alcohol or drugs;

(4) Provisions that prohibit the recipient from hiring or assigning to work
on an activity funded in whole _or in part with State funds, anyone whom the
recipient or the hiring official of the recipient knows, or in the exercise of due
diligence should know, currently abuses alcohol or drugs and is not actively
engaged in a bona fide rehabilitation program;

(5) Provisions that require each recipient to promptly inform the
appropriate law enforcement agency of every drug related crime that occurs in its
workplace if the recipient or an employee of the recipient has observed the
violation or otherwise has reliable information that a violation has occurred;

(6) Provisions that require recipients to establish drug free and alcohol
abuse awareness programs, to notify employees of the availability of such
programs, to impose sanctions on employees who abuse drugs and alcohol in the
workplace, and to institute steps to maintain a drug and alcohol free workplace;

(7) Provisions that make the receipt of State contracts, grants, loans, or
other funds awarded through or approved by the Board of Public Works
conditional upon compliance with the regulations adopted pursuant to this
Executive Order;

(8) Provisions for the discretionary termination of a State contract, grant,
loan or other award of State funds to a recipient who violated those regulations;

(9) Provisions for the discretionary suspension or debarment of a recipient
who violates those regulations; and

(10) Such other drug and alcohol free workplace requirements as the Board
of Public Works, in the exercise of its lawful authority, finds necessary or desirable

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Session Laws, 1990 Session
Volume 436, Page 3516   View pdf image (33K)
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