This Hot Topic discusses an amendment to the Drug-Free Workplace Law, §§ 50-9-101 through 50-9- 113, Tennessee Code Annotated (TCA). The amendment required employers contracting with state agencies or units of local government to prepare affidavits certifying compliance with the Drug-Free Workplace Program. Included is a model affidavit

Leydorf, Donna M.

English

University of Tennessee, Knoxville: Trace

University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange MTAS Publications: Hot Topics Municipal Technical Advisory Service (MTAS) 4-27-2001 Hot Topic: Drug-Free Workplace: Contractor's Affidavit Donna M. Leydorf Municipal Technical Advisory Service Follow this and additional works at: https://trace.tennessee.edu/utk_mtastop  Part of the Public Administration Commons The MTAS publications provided on this website are archival documents intended for informational purposes only and should not be considered as authoritative. The content contained in these publications may be outdated, and the laws referenced therein may have changed or may not be applicable to your city or circumstances. For current information, please visit the MTAS website at: mtas.tennessee.edu. Recommended Citation Leydorf, Donna M., "Hot Topic: Drug-Free Workplace: Contractor's Affidavit" (2001). MTAS Publications: Hot Topics. https://trace.tennessee.edu/utk_mtastop/240 This Bulletin is brought to you for free and open access by the Municipal Technical Advisory Service (MTAS) at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in MTAS Publications: Hot Topics by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact trace@utk.edu. I ) • 0 P I C Stor Tennessee cities and towns Apri127,2001 #67 Drug-Free Workplace: Contractor's Affidavit by Donna M. Leydorf MT AS Legal Consultant The General Assembly has amended the Drug-Free Workplace Law, §§ 50-9-101 through 50-9-113, Tennessee Code Annotated (TCA) to require employers contracting with state agencies or units of local government to prepare affidavits certifying compliance with the Drug-Free Workplace Program. Beginning Jan 1, 2001, a new requirement is in effect for all employers with "no less than five (5) employees receiving pay who contract with the state or any local government to provide construction services." Each such employer must submit an affidavit stating that the employer has in place a program for a drug-free workplace that complies with T.C.A §§. 50-9-101-113. The statute forbids any local government from entering into any contract or awarding any contract for construction services with any employer who has not provided the affidavit of compliance. "Employer" under this amendment is defined to be any private company or corporation. The definition does not include any unit of local government or any utility. Any employer who is found to have violated this provision will be prohibited from contracting with any other local government or state agency until the employer can prove it is in compliance with all the requirements of the Drug-Free Workplace Program. Each additional violation imposes longer time periods of prohibition against contracting with a governmental entity against an employer, up to a period of one year. The employer's affidavit that its program provides for a drug-free workplace absolves the local government of any further responsibility for the employer's compliance or lack of compliance with the requirements of the drug-free workplace program. A model affidavit is attached to this Hot Topic which can be used by contractors seeking construction work with cities. For more information, please contact the MTAS management consultant in your area. MTAS LIBRARY APR 3 0 2001. UNIV. OF TEN:..J. The University of Tennessee Municipal Technical Advisory Service Model Affidavit (must be attached to bid form upon submission) STATE OF TENNESSEE COUNTY OF ___ _ DRUG-FREE WORKPLACE AFFIDAVIT OF PRIME BIDDER NOW COMES AFFIANT, who being duly sworn, deposes and says: 1. He/She is the principal officer for [ insert name and address of bidding entity]; 2. That the bidding entity has submitted a bid to [insert name of city and city department and project number] for the construction of [insert name of project]; 3. That the bidding entity employs no Jess than five (5) employees; 4. That Affiant certifies that the bidding entity has in effect, at the time of submission of its bid to perform the construction referred to above, a drug-free workplace program that complies with §50-9-113, Tennessee Code Annotated. 5. That this affidavit is made on personal knowledge. Further Affiant saith not. AFFIANT SUBSCRffiED AND SWORN TO before me this ____ day of ______ , 200_. NOTARY PUBLIC My commission expires: ______ _ ,_ � -• • Save and Post by Your Phone Municipal Technical Advisory Service Knoxville (Headquarters) Conference Center Building, Suite 120 The University of Tennessee Knoxville 37996-4105 (865) 974-0411 Fax (865) 974-0423 'If Johnson City 3119 Bristol Highway, Suite 302 Johnson City 37601 (423) 854-9882 Fax (423) 854-9223 'If Nashville 223 Sixth Avenue, North Nashville 37219-1804 (615) 532-6827 Fax (615) 532-4963 'If Jackson 605 Airways Blvd., Suite 109 Jackson 38301 (901) 423-3710 Fax (901) 425-4771 'If Martin 175 Clement Hall P.O. Box 100 Martin 38238 (901) 587-7055 Fax (901) 587-7059 Visit our Web site at: www.mtas.utk.edu Or call MTAS' Answer Line and receive quick answers to short questions. 1-888-667-6827 (MTAS) OLS "ON l!WJ�d �li!AXOU)J P!Rd �s111sod ·s·n SSV'1::> �SID!! ·n1t �E �J. ·�I!A�OU)I 'laaJIS .(a�u 009 �llliiWnH JO aowo ap ra .1011� vav ap ot � � PfliO'P M!nqt!S!P 11 J0 tiOp� JOjmaftba'lf fWn-tL6 (S911)JO (if(qltptA8 A.IJJA) 86tZ-tL6 (m) �131 '(l!K["966£[ �J. 'a((!AYOU)I ':��ntw.y iiCIII.IR.LOIIZ '(S!I'Ifalt�'lf AlTUM!OJO a31JJO ap Ill p:q:'Qr!p 31:1 JllliiXI!I �P!Jod p1011a.lajal' a,.�,oqw Japo � JO .(tm JO(WOV)l3V liWW.(otdw3 ut KJ aav ;tp .10 ·vav 'tM �»s 'XI ;rJ!.L 'lA :<J11U lu!Wa3111» uopiiJO!A J0 �bnp J1U11 �btq '0661 JO(VQV) l:IV sap!J)qW!() I!I!M !Jl18:1!J:KUV ;tp puli'[L61 J0 PV liOpll![!ll"P'If ap JOtos: IJO!l»s 'ZL61 JOilt:r.IUIJIUXDV 110f111311P3 al(J JO XI atl!J. 't96J JO Py illfl!'lfJ!A!:J ap JO lA ap!.L JO ilU:Wi1J111b:al :lt!l otnnms.md Safl!"!l38 pug i\UIJ!rud uopr.lllpliJ Bl! U! M!f!QIIIi!P JO 'k":JS '<XIlUJO i!illq ap 00 antU�!PlOU la!lp A:I�AJUO atL1 'A:I!i.laAfUO atLl 01 �n!WJIII pull Aq tu:.w.(Ofdmonpoq 01 SJIU:JIYa .<:�nod Slli.L '1111� pua s�JIITiliOddo lU:.WAOf(hua JO Sa:l!.WS pliB Slli1IJJoJd [IUO!tll:'lllpa JO UO!S!Awd U! fml111S tmJalaA JO 'Ai!J!qi!S!P 'a!B 'ut8'!JO [JUopiU '1J0!8!i:U 'JO!OO '11:a!i 'a:li!J JO S!illq :llj1 UO ;J111!1!W!J:!S!Pl00 S;!Op �J.JO .{J!i.J:V.!UO 01tU The Municipal Technical Advisory Service (MTAS) is a statewide agency of The University of Tennessee's Institute for Public Service. MTAS operates in cooperation with the Tennessee Munici­pal League in providing technical assistance services to officials of Tennessee's incorporated munici­palities. Assistance is offered in areas such as accounting, administration, finance, public works, communications, ordinance codification, and wastewater management. MTAS Hot Topics are information briefs that provide a timely review of current issues of interest to Tennessee municipal officials. Hot Topics are free to Tennessee local, state, and federal government officials and are available to others for $2 each. Photocopying of this publication in small quantities for educational purposes is encouraged. For permission to copy and distribute large quantities, please contact the MTAS Knoxville office at (865) 974-0411. Printed on Recycled Paper. 

Hot Topic: Drug-Free Workplace: Contractor\u27s Affidavit

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Hot Topic: Drug-Free Workplace: Contractor\u27s Affidavit

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University of Tennessee, Knoxville: Trace