---
kind: "section"
citation: "32 C.F.R. § 26.225"
title: "32"
number: "26.225"
heading: "What actions must I take concerning employees who are convicted of drug violations in the workplace?"
url: "https://uscodex.org/cfr/32/26.225"
---

# §26.225. 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 [§ 26.205(c)(2)](/cfr/32/26.205.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: 41U.S.C.701, et seq.

### Source

Source: 68 FR 66557, 66609, Nov. 26, 2003, unless otherwise noted.