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WEMS <br />Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered <br />Transactions <br />33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are <br />presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from <br />participation in this transaction by any federal department or agency. <br />33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, <br />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, distribution, dispensing, <br />possession, or use of a controlled substance is prohibited in the SUB-RECIPIENT's workplace, and shall <br />specify the actions that will be taken against employees for violation of such prohibition. <br />34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in <br />the workplace; the SUB- RECIPIENT's policy of maintaining a drug -free workplace; any available drug <br />counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed <br />upon employees for drug violations occurring in the workplace. <br />34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a <br />copy of the statement required by paragraph 34.1.1. of this section. <br />34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a <br />condition of employment under the grant, the employee will abide by the terms of the statement, notify <br />the employer of any criminal drug statute conviction for a violation occurring in the workplace no later <br />than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an <br />employee or otherwise receiving actual notice of such conviction. <br />34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of <br />this section, with respect to any employee who is so convicted: take appropriate personnel action against <br />such an employee, up to and including termination, and/or require such employee to participate <br />satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a <br />federal, state, or 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 implementation of <br />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 the names and total <br />Page 15 of 20 <br />