FAR 52.226-7—Drug-Free Workplace.
Plain-English Summary
FAR 52.226-7, Drug-Free Workplace, sets the contractor-side requirements for maintaining a workplace free from unlawful controlled substance activity on covered federal contracts. It defines the key terms used in the clause, including controlled substance, conviction, criminal drug statute, drug-free workplace, employee, and individual, so parties know exactly who and what is covered. The clause then requires non-individual contractors to publish a workplace drug policy, establish an ongoing drug-free awareness program, distribute the policy to covered employees, require employee notice of drug convictions, notify the contracting officer of such convictions, and take corrective action or require rehabilitation after a conviction. For individuals, the clause is narrower and simply prohibits the individual contractor from engaging in unlawful drug activity while performing the contract. The clause also explains that failure to comply can lead to serious remedies, including suspension of payments, termination for default, and suspension or debarment. In practice, this clause is both a compliance and risk-management requirement: contractors need internal procedures, documentation, and timely reporting controls, while contracting officers need to understand when notice is required and what enforcement options are available.
Key Rules
Key terms control coverage
The clause defines controlled substance, conviction, criminal drug statute, drug-free workplace, employee, and individual. These definitions determine who is covered, what conduct triggers the clause, and when the contractor’s obligations apply.
Non-individual contractors must act quickly
If the contractor is not an individual, it must complete the required workplace policy and awareness steps within 30 days after award, unless a longer written period is agreed for contracts of 30 days or more; for contracts under 30 days, it must do so as soon as possible.
Publish and distribute a drug policy
The contractor must publish a statement prohibiting unlawful manufacture, distribution, dispensing, possession, or use of controlled substances in the workplace and stating the actions that will be taken for violations. The contractor must also give that statement to all employees engaged in contract performance.
Maintain an awareness program
The contractor must establish an ongoing drug-free awareness program that informs covered employees about workplace drug dangers, the contractor’s drug-free policy, available counseling or assistance programs, and the penalties for drug abuse violations in the workplace.
Employee notice of conviction is mandatory
Covered employees must be told in writing that continued employment on the contract requires them to follow the policy and notify the employer in writing within 5 days after any conviction for a workplace drug offense under a criminal drug statute.
Contractor must notify the Government
The contractor must notify the contracting officer in writing within 10 days after receiving notice of a covered employee’s conviction, whether the notice comes from the employee or from another source. The notice must include the employee’s position title.
Corrective action or rehabilitation is required
Within 30 days after receiving notice of a conviction, the contractor must either take appropriate personnel action, up to and including termination, or require the employee to satisfactorily participate in an approved drug abuse assistance or rehabilitation program.
Individual contractors have a direct prohibition
If the contractor is an individual, the clause does not impose the full workplace-program requirements. Instead, the individual agrees not to engage in unlawful manufacture, distribution, dispensing, possession, or use of controlled substances while performing the contract.
Noncompliance can trigger serious remedies
Failure to comply with paragraph (b) or (c) may lead to suspension of contract payments, termination for default, and suspension or debarment, in addition to any other remedies available to the Government.
Responsibilities
Contractor (not an individual)
Within the required time after award, publish a drug-free workplace statement, establish and maintain an ongoing awareness program, distribute the statement to all employees engaged in contract performance, require written employee notice obligations, notify the contracting officer of covered convictions, and take timely personnel or rehabilitation action after a conviction.
Contractor employees engaged in performance
Abide by the contractor’s drug-free workplace statement and notify the employer in writing within 5 days after conviction for a workplace drug offense under a criminal drug statute.
Individual contractor
Refrain from unlawful manufacture, distribution, dispensing, possession, or use of controlled substances while performing the contract.
Contracting Officer
Receive and act on contractor notices of covered employee convictions, and use available remedies under FAR 26.505 and the contract when the contractor fails to comply.
Agency/Government
Enforce the clause through contract administration remedies, including payment suspension, termination, and suspension or debarment when warranted.
Practical Implications
Contractors need a written policy and a real compliance process, not just a one-time memo; the clause requires ongoing awareness training and documented distribution to covered employees.
The 5-day employee notice and 10-day contractor notice deadlines are easy to miss, so contractors should build internal reporting procedures for HR, supervisors, and contract managers.
The clause applies to employees directly engaged in contract performance, which can include more than just direct labor; contractors should identify covered personnel carefully.
After a conviction, the contractor must choose between personnel action and approved rehabilitation within 30 days, so delay can create a compliance failure even if the contractor intends to act.
For individuals, the rule is simpler but still strict: any unlawful controlled substance activity while performing the contract can create default, payment, or debarment risk.
Official Regulatory Text
As prescribed in 26.506 , insert the following clause: Drug-Free Workplace (May 2024) (a) Definitions . As used in this clause- Controlled substance means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ) and as further defined in regulation at 21 CFR 1308.11 - 1308.15. 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. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance. Drug-free workplace means the site(s) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. Employee means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. Individual means an offeror/contractor that has no more than one employee including the offeror/contractor. (b) The Contractor, if other than an individual, shall-within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an ongoing drug-free awareness program to inform such employees about- (i) The dangers of drug abuse in the workplace; (ii) The Contractor’s policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by paragraph (b)(1) of this clause; (4) Notify such employees in writing in the statement required by paragraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will- (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction; (5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (7) Make a good faith effort to maintain a drug-free workplace through implementation of paragraphs (b)(1) through (b)(6) of this clause. (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract. (d) In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 26.505 , render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment. (End of clause)