4-DRUG FREE WORKPLACE.pdf

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Attached to
Pond Improvements Cadillac Drive & RJ Conlan
Solicitation number
33-ITB-26
Issued by
Brevard County, Florida

About this file

This is a Drug-Free Workplace Program requirements document applicable to construction contractors in Florida performing work on state contracts for educational facilities, public property, publicly owned buildings, and state correctional facilities. The document outlines mandatory compliance standards for contractors regulated under Chapter 489, Florida Statutes, including general construction contractors, electrical contractors, and alarm system contractors. All contractors must implement a comprehensive drug-free workplace program that includes publishing employee statements prohibiting unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; informing employees about drug abuse dangers and available counseling and rehabilitation resources; providing all employees with copies of the drug-free workplace statement; requiring employees to report any drug-related convictions within five days; and imposing sanctions or requiring participation in rehabilitation programs for violations. Contractors must also demonstrate good faith efforts to maintain ongoing compliance with these requirements and submit certification signed by an authorized company representative.

In accordance with Florida Statute Section 287.087, businesses with certified drug-free workplace programs receive preference in the bid award process. When two or more bids are received that are equal in price, quality, and service, preference shall be given to vendors certifying implementation of a drug-free workplace program. If no tied vendors have such a program, established tie-breaking procedures will be applied. This requirement applies to the Pond Improvements Cadillac Drive & RJ Conlan project in Florida and represents a condition of contract eligibility rather than a pricing or funding mechanism.

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SECTION 00303

DRUG FREE WORKPLACE PROGRAM

Each construction contractor regulated under Part I of Chapter 489, F.S., and each electrical contractor and alarm system contractor regulated under Part II of Chapter 489, F.S., who contracts to perform construction work under a state contract for educational facilities governed by Chapter 1013, for public property or publicly owned buildings governed by Chapter 255, or for state correctional facilities governed by Chapter 944 shall implement a drug-free workplace program as described in Chapter 440, Florida Statutes.

In accordance with Section 287.087, Florida State Statutes, preference shall be given to businesses with drug-free workplace programs. Whenever two or more Bids or replies are received by the City that are equal with respect to price, quality, and service for the procurement of commodities or contractual services, a Bid or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere, to any violation of Florida Statute, Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace, not later than five (5) days after such conviction.

5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign such statement, I certify that the firm complies fully with the above requirements and indicate the program was implemented.

Authorized Signature Date

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