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• <br /> 33.11. Where the lower tier participant is unable to certify to any of the statements in <br /> this certification, such participant shall attach an explanation to this Agreement. <br /> 34. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) <br /> 34.1. The SUB-RECIPIENT shall: <br /> 34.1.1. Publish a statement notifying employees that the unlawful manufacture, <br /> distribution, dispensing, possession, or use of a controlled substance is prohibited in the <br /> workplace and shall specify the actions that will be taken against employees for <br /> violation of such prohibition. <br /> 34.1.2. Establish a drug-free awareness program to inform employees about the <br /> dangers of drug abuse in the workplace; the SUB-RECIPIENT's policy of maintaining a <br /> drug-free workplace; any available drug counseling, rehabilitation, and employee <br /> assistance programs; and the penalties that may be imposed upon employees for drug <br /> violations occurring in the workplace. <br /> 34.1.3. Make it a requirement that each employee engaged in the performance of the <br /> grant be given a copy of the statement required by paragraph 36.1.1. of this section. <br /> 34.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this <br /> section that, as a condition of employment under the grant, the employee will abide by <br /> the terms of the statement, notify the employer of any criminal drug statute conviction <br /> for a violation occurring in the workplace no later than five days after such conviction, <br /> and notify the WTSC within 10 days after receiving notice from an employee or <br /> otherwise receiving actual notice of such conviction. <br /> 34.1.5. Take one of the following actions within 30 days of receiving notice under <br /> paragraph 36.1.3. of this section, with respect to any employee who is so convicted: <br /> take appropriate personnel action against such an employee, up to and including <br /> termination, and/or require such employee to participate satisfactorily in a drug abuse <br /> assistance or rehabilitation program approved for such purposes by a federal, state, or <br /> local health, law enforcement, or other appropriate agency. <br /> 34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through <br /> implementation of all of the paragraphs above. <br /> 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) <br /> In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC <br /> the names and total compensation of the five most highly compensated officers of the <br /> entity, if the entity in the preceding fiscal year received 80 percent or more of its annual <br /> gross revenues in federal awards, received $25,000,000 or more in annual gross <br /> revenues from federal awards, and if the public does not have access to information <br /> 15 <br />