SECTIONS 8355-8357 - California Statutes

GOVERNMENT CODE

SECTION 8355-8357

8355. (a) Every person or organization awarded a contract or a
grant for the procurement of any property or services from any state
agency shall certify to the contracting or granting agency that it
will provide a drug-free workplace by doing all of the following:
(1) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensation, possession, or use of a
controlled substance is prohibited in the person's or organization's
workplace and specifying the actions that will be taken against
employees for violations of the prohibition.
(2) Establishing a drug-free awareness program to inform employees
about all of the following:
(A) The dangers of drug abuse in the workplace.
(B) The person's or organization's policy of maintaining a
drug-free workplace.
(C) Any available drug counseling, rehabilitation, and employee
assistance programs.
(D) The penalties that may be imposed upon employees for drug
abuse violations.
(3) Requiring that each employee engaged in the performance of the
contract or grant be given a copy of the statement required by
subdivision (a) and that, as a condition of employment on the
contract or grant, the employee agrees to abide by the terms of the
statement.
(b) (1) The certification requirement set forth in subdivision (a)
does not apply to a credit card purchase of goods of two thousand
five hundred dollars ($2,500) or less.
(2) The total amount of exemption authorized herein shall not
exceed seven thousand five hundred dollars ($7,500) per year for each
company from which a state agency is purchasing goods by credit
card. It shall be the responsibility of each state agency to monitor
the use of this exemption and adhere to these restrictions on these
purchases.

8356. (a) Each contract or grant awarded by a state agency may be
subject to suspension of payments under the contract or grant or
termination of the contract or grant, or both, and the contractor or
grantee thereunder may be subject to debarment, in accordance with
the requirements of this article, if the contracting or granting
agency determines that any of the following has occurred:
(1) The contractor or grantee has made a false certification under
Section 8355.
(2) The contractor or grantee violates the certification by
failing to carry out the requirements of subdivisions (a) to (c),
inclusive, of Section 8355.
(b) The Department of General Services shall establish and
maintain a list of individuals and organizations whose contracts or
grants have been canceled due to failure to comply with this chapter.
This list shall be updated monthly and published each month. No
state agency shall award a contract or grant to a person or
organization on the published list until that person or organization
has complied with this chapter.
(c) Every state agency that directly awards grants without review
by the Department of General Services shall immediately notify the
department of any individual or organization that has an award
canceled on the basis of violation of this chapter.

8357. This chapter shall not be construed to require any contractor
or grantee to ensure that other businesses with which it
subcontracts also provide drug-free workplaces.