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MODEL LEGISLATION
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and aFORCES
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EVENTS & MEETINGS

“ALEC”
NEWShas long been a
secretive collaboration
between
BigLegislation
Business and
Model
“conservative” politicians.
Civil Justice
Behind closed doors, they
ghostwrite
“model”
bills to
Commerce,
Insurance,
and Economic
be introduced
in state
Development
capitols
across the country.
This agenda--underwritten
Education
by global corporations-Energy,
includes
majorEnvironment,
tax
and Agriculture
loopholes
for big industries
and the
super rich,
Federal Relations
proposals to offshore U.S.
Health
Human
jobs and
gut and
minimum
wage,Services
and efforts to
weaken
public health,
International Relations
safety, and environmental
Public Although
Safety andmany
protections.
Elections
of these
bills have become
law, until now, their origin
Tax and Fiscal Policy
has been largely unknown.
With ALEC
EXPOSED, the
Telecommunications
Centerand
forInformation
Media and
Technology
Democracy
hopes more
Americans will study the
Print this the
Page
bills to understand
depth and Text-Only
breadth Page
of how
big corporations are
Email
this rules
Page
changing the
legal
and undermining democracy
across the nation.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

By the Center for
Media and Democracy
www.prwatch.org

Home

Model Legislation

Public Safety and Elections

Drug-free Workplace Act
Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

This Act would prohibit any state agency from entering into a contract involving an
expenditure of $25,000 or more with any contractor or individual who does not certify a
drug-free workplace, and establishes several conditions and requirements that have to
be met in order to certify a drug-free workplace. The Act provides that a state agency
may suspend, terminate, or debar a contractor if that contractor makes a false
certification of, or fails to carry out the requirements for, a drug-free workplace.

Model Legislation
{Title, enacting clause, etc.}
Section 1. {Title.} This Act shall be known and may be cited as the Drug-Free
Workplace Act.

Section 2. {Definitions.} As used in this Act:
(A) "Contractor" means:
(1) any person engaged in the business of constructing altering, repairing, dismantling,
or demolishing buildings, roads, bridges, viaducts, sewers, water and gas mains, streets,
disposal plants, airports, dams, water filters, tanks, towers, and wells, pipelines, and
every other type of structure, project, development, or improvementcoming within the
definition of real or personal property, including, but not limited to, constructing,
altering, or repairing property to be held either for sale or rental when the contract
involves an expenditure by a state agency of at least $25,000; or
(2) any person supplying goods, materials, services, or supplies pursuant to a contract
or lease on behalf of a state agency when the contract involves an expenditure by the
state agency of at least $25,000.
(B) "Controlled substance" means [cite state controlled substance act).
(C) "Conviction" means a plea of guilty or a finding of guilt, including a plea of nolo
contendere, and a sentence imposed by any judicial body charged with a responsibility
to determine violations of the federal or state criminal drug statutes.
(D) "Criminal drug statute" means any criminal statute involving the manufacture, sale,
distribution, dispensation, use, or possession of any controlled substance or marijuana.
(E) "Drug-free workplace" means a site for the performance of work done in connection
with a specific contract referred to in Subsection (A) with a person, the employees of
which persons are prohibited from engaging in the unlawful manufacture, sale,
distribution, dispensation, possession, or use of any controlled substance or marijuana in
accordance with the requirements of this Act.
(F) "Employee" means the employee of a contractor directly engaged in the
performance of work pursuant to the provisions of the contract referred to in subsection
(A).
(G) "Individual" means a contractor who has no more than one employee, including the
contractor.
(H) "Marijuana" means the substance as defined in [cite state controlled substance act].
(I) "Person" means a corporation, a partnership, a business trust, an association, a firm,
or any other legal entity except an individual.
(J) "Principal representative" means the governing board or the executive head of a
state agency who is authorized to enter into a contract with a contractor on behalf of
the a state agency.
(K) "State agency" means any department, division, board, bureau, commission, or
other agency of the state government or any state authority.
(L) "Subcontractor" means a person hired by a contractor on an independent basis
rather than as an employee and who performs work for the contractor under a contract
as provided under Subsection (A)

Section 3. {Drug-free workplace requirements of contractors.}

Section 3. {Drug-free workplace requirements of contractors.}

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(A) The principal representative of a state agency shall not enter into a contract with any
contractor, other than an individual, unless the contractor certifies to the principal
representative that:
(1) a drug-free workplace will be provided for the contractor's employees during the
performance of the contract; and
(2) each contractor who hires a subcontractor to work in a drug-free workplace shall
secure from that subcontractor the following written certification: As part of the
subcontracting agreement with (contractor), (subcontractor) certifies to the contractor
that a drug-free workplace will be provided for the subcontractor's employees during the
performance of this contract pursuant to Paragraph (7), Subsection B of this Section.
(B) A contractor may satisfy the requirement for providing a drug-free workplace for
employees by:
(1) publishing a statement notifying employees that the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana is
prohibited in the contractor's workplace and specifying the actions that will be taken
against employees for violations of such prohibition;
(2) establishing a drug-free awareness program to inform employees about:
(a) the dangers of drug abuse in the workplace;
(b) the contractor'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 abuse violations;
(3) providing each employee with a copy of the statement provided for in Paragraph (1)
of this Subsection;
(4) notifying each employee in the statement provided for in Paragraph (1) of this
Subsection that as a condition of employment, the employee shall:
(a) abide by the terms of the statement; and
(b) notify the contractor of any criminal drug statute conviction for a violation occurring
in the workplace within five days of the conviction;
(5) notifying the contracting principal representative within 10 days after receiving from
an employee or a subcontractor a notice of conviction as provided under Subparagraph
(b) of Paragraph (4) of this Subsection or after otherwise receiving actual notice of such
a conviction;
(6) making a good faith effort on a continuing basis to provide a drug-free workplace for
employees; and
(7) requiring that such contractor include in any agreement or contract with a
subcontractor a provision that such subcontractor will provide a drug-free workplace for
his employees by complying with the provisions of Paragraph (1), (2), (3), (4), and (6) of
this Subsection and by notifying the contractor of any criminal drug statute conviction
for a violation occurring in the workplace involving the subcontractor or its employees
within five days of receiving notice of the conviction. The contractor will notify the
contracting principal representative pursuant to Paragraph (5) of this Subsection.

Section 4. {Drug-free contractors.} The principal representative of a state

agency shall not enter into a contract with an individual or a person as a contractor
unless the contact includes a certification by the individual or person that the individual
or person will not engage in the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana during the performance of the
contract.

Section 5. {Suspension, termination, debarment.} The principal

representative of a state agency may suspend, terminate, or debar the contractor if the
state agency determines that:
(A) the contractor or individual has made false certification under Subsection (A) of
Section 3; or
(B) the contractor has violated such certification by failing to carry out the requirements
of Subsection (B) of Section 3.

Section 6. {Additional programs.} This Act establishes minimum standards for

contractors and does not prevent them from implementing additional procedures and
policies having the objectives of achieving and maintaining a drug free workplace.

Section 7. {Severability clause.}
Section 8. {Repealer clause.}
Section 9. {Effective date.}
ALEC's Sourcebook of American State Legislation 1995

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