---
kind: "section"
citation: "28 C.F.R. § 83.225"
title: "28"
number: "83.225"
heading: "What actions must I take concerning employees who are convicted of drug violations in the workplace?"
url: "https://uscodex.org/cfr/28/83.225"
---

# §83.225. What actions must I take concerning employees who are convicted of drug violations in the workplace?


There are two actions you must take if an employee is convicted of a drug violation in the workplace:

- (a) First, you must notify Federal agencies if an employee who is engaged in the performance of an award informs you about a conviction, as required by [§ 83.205(c)(2)](/cfr/28/83.205.md?p=c-2), or you otherwise learn of the conviction. Your notification to the Federal agencies must—
  - (1) Be in writing;
  - (2) Include the employee's position title;
  - (3) Include the identification number(s) of each affected award;
  - (4) Be sent within ten calendar days after you learn of the conviction; and
  - (5) **Be sent to every Federal agency on whose award the convicted employee was working.** It must be sent to every awarding official or his or her official designee, unless the Federal agency has specified a central point for the receipt of the notices.
- (b) Second, within 30 calendar days of learning about an employee's conviction, you must either—
  - (1) Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 ([29 U.S.C. 794](/usc/29/794.md)), as amended; or
  - (2) Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency.

## Notes

### Authority

Authority: Sec. 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq. ).

### Source

Source: 68 FR 66557, 66600, Nov. 26, 2003, unless otherwise noted.