DIRECTIVE	:	UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 05-91
TO	:	ALL STATE EMPLOYMENT SECURITY AGENCIES
FROM	:	DONALD J. KULICK Administrator for Regional Management
SUBJECT	:	Drug-Free Workplace Regulatory Requirements

1. Purpose. To inform the State Employment Security Agencies (SESAs) of the changes to the Drug-Free Workplace regulatory requirements resulting from the Drug-Free Workplace Requirements; Notice and Final Rule, published May 25, 1990, in the Federal Register.

2. Reference. Training and Employment Information Notice (TEIN) No. 15-90.

3. Background.  The U.S. Department of Labor, Employment and Training Administration (ETA), issued TEIN No. 1-89 dated July 3, 1989, which set forth the requirements of the Drug-Free Workplace Act. This Act requires Federal agency grantees and contractors to certify that they will provide a drug-free workplace as a pre-condition of receiving a contract or a grant from a Federal agency. Recently ETA issued TEIN No. 15-90, Drug-Free Workplace Regulatory Requirements, which replaced TEIN No. 1-89. A copy of this revised TEIN is attached for your information. Following are brief descriptions of the important changes to the certification process contained in TEIN No. 15-90.

   1. A State may still certify once annually. However, under the new procedure, the State retains the original of the statewide certification in the Governor's office.

   2. The State must submit a copy of the statewide certification for each grant unless the Federal agency designates a central location for submission. The Department of Labor will not designate a central location. Therefore, grantees are required to submit a copy of the certification with each grant application.

   3. The Governor of a State may exclude certain State agencies from the statewide certification and authorize these agencies to submit their own certifications to Federal agencies. The statewide certification shall name any State agencies so excluded.

   4. A State agency may elect to make its own annual certification only if: 1) the Governor excluded the agency from the statewide certification or; 2) the State does not have a statewide certification.

   5. The annual certification is for the Federal fiscal year which starts on October 1 of each year.

4. Action Required. SESA Administrators are requested to: a) ensure that the necessary certification as published in Appendix C of the final rule (attached to the TEIN) is made for the FY 1991 UI grant (a copy of the certification should be attached to the grant application for the Grant Officer); and b) recertify on the revised form and submit a copy of the revised certification to the Grant Officer by November 30, 1990, if the fiscal year 1991 UI grant has already been approved using the old certification form.

5. Inquiries. Inquiries concerning this UIPL and attached TEIN should be directed to the appropriate ETA Regional Office.

6. Attachment. TEIN No. 15-90