Drug-Free Workplace Act (1988)

1) Link to the Text of the Act
Read the statute (41 U.S.C. § 8101 et seq.)

2) Why It Was Done
The Act was passed to require federal contractors and grantees to maintain drug-free workplaces as a condition of receiving federal funding, part of the broader “War on Drugs.”

3) Pre-existing Law or Constitutional Rights
Prior federal laws regulated controlled substances but did not impose workplace drug-free requirements tied to federal contracts or grants. This Act created that obligation.

4) Overreach or Proper Role?
Supporters argue it promotes safe and reliable federal contractors. Critics say it blurred the line between employment law and criminal law, raising concerns about employee privacy and drug testing.

5) Who or What It Controls

• Federal contractors (must certify drug-free workplace policies)
• Federal grantees (must comply with drug-free requirements)
• Employees (subject to policies and disciplinary measures)

6) Key Sections / Citations

• 41 U.S.C. § 8102: Requirements for federal contractors
• 41 U.S.C. § 8103: Requirements for federal grantees
• 41 U.S.C. § 8104: Penalties and remedies for noncompliance

7) Recent Changes or Live Controversies

• Continues to impact workplace drug testing policies, even in states that have legalized marijuana
• Raises debates over balancing workplace safety with employee privacy and medical use of cannabis
• Enforcement remains tied to federal funding conditions

8) Official Sources

• U.S. Code – Title 41, Chapter 81
• Department of Labor – Drug-Free Workplace
• SAMHSA – Drug-Free Workplace Programs

• Employment
• Drugs
• Federal Contractors
• Workplace
• Compliance