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Response: OSHA strongly supports measures that contribute to a drug-free environment and reasonable programs of drug testing within a comprehensive workplace program for certain workplace environments, such as those involving safety-sensitive duties like operating machinery.
Under the Drug-Free Workplace Act of 1988 , federal workplaces and non-federal workplaces with a federal contract of $100,000 or more or a federal grant in any amount must implement a Drug-Free Workplace Program .
Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
Originally passed as part of the Anti-Drug Abuse Act of 1986, drug certification legislation requires the Federal Government to annually identify countries that are significant direct or indirect sources of illegal drugs that affect the United States.
An employer may discharge or deny employment to persons who currently engage in the illegal use of drugs. Employees who use drugs or alcohol may be required to meet the same standards of performance and conduct that are set for other employees.
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At a minimum, the organization must: Prepare and distribute a formal drug-free workplace policy statement. Establish a drug-free awareness program. Ensure that all employees working on the federal contract understand their personal reporting obligations. Notify the federal contracting agency of any covered violation.
Coverage Under the OSH Act of 1970 These few exceptions include the self-employed, immediate family members of farm employers and any employer where workplace hazards are regulated by another federal agency such as MSHA or the FAA.
The categories of workers not covered by federal OSHA include volunteers and temporary workers, self-employed workers, family members of farm workers, workers in industries regulated by an agency other than OSHA, and state and local government employees.

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