Overview
This section provides precise definitions for terms used within FAR Subpart 26.5 regarding a Drug-Free Workplace, establishing the scope of substances, legal actions, and personnel covered by the regulation.
Key Rules
- Controlled Substances: Refers specifically to schedules I through V of section 202 of the Controlled Substances Act and associated regulations.
- Broad Definition of Conviction: Includes not only findings of guilt but also sentences imposed or pleas of nolo contendere (no contest) by any Federal or State judicial body.
- Criminal Drug Statutes: Encompasses any Federal or non-Federal law concerning the manufacture, distribution, possession, or use of controlled substances.
- Employee Scope: Defines "directly engaged" employees as those charged as direct costs to the contract or any other employee having more than a "minimal impact" on contract performance.
- Individual Status: Defines an "individual" contractor as a person or entity with no more than one employee (including the contractor themselves).
Practical Implications
- Contractors must apply drug-free workplace policies not just to direct-charge employees, but also to overhead or administrative staff if their involvement in the contract is more than minimal.
- Compliance monitoring must account for various legal outcomes, as a "no contest" plea triggers the same reporting and action requirements as a traditional guilty verdict.