Under the provisions of Tennessee Code Annotated § 50-9-113 enacted by the General Assembly last year, employers with five (5) or more employees who contract with either the state or a local government to provide construction services are required to submit an affidavit stating that they have a drug free workplace program that complies with Title 50, Chapter 9, in effect at the time of submission of a bid at least to the extent required of governmental entities. The statute imposes other requirements on the contractor, but the county’s responsibility is specifically limited in section (b) of the statute as follows:
(b) A written affidavit by the principal officer of a covered employer provided to a local government at the time such bid or contract is submitted stating that the employer is in compliance with this section shall absolve the local government of all further responsibility under this section and any liability arising from the employer’s compliance or failure of compliance with the provisions of this section.
This statute went into effect on January 1, 2001. As stated in the statute, the county is only required to obtain an affidavit stating that the contractor is in compliance with T.C.A. § 50-9-113. The affidavit must be submitted with the bid or contract for construction services, so you will need to revise your bid documents to reflect this change in the law. Local governments are not to enter into a contract for construction services with any employer who is not incompliance with the provisions of T.C.A. § 50-9-113.
On the following page is a sample affidavit that can be used to comply with the minimum requirements of T.C.A. § 50-9-113(b), quoted above. Of course, an affidavit submitted by a contractor which is more extensive than the attached affidavit is also acceptable. If you have any questions, please contact your CTAS county government consultant.
DRUG-FREE WORKPLACE AFFIDAVIT
STATE OF ___________________
COUNTY OF _________________
The undersigned, principal officer of _____________________________________________, an employer of five (5) or more employees contracting with
__________________ County government to provide construction services, hereby states under oath as follows:
1. The undersigned is a principal officer of ________________________________________ (hereinafter referred to as the “Company”), and is duly authorized to execute this Affidavit on behalf of the Company.
2. The Company submits this Affidavit pursuant to T.C.A. § 50-9-113, which requires each employer with no less than five (5) employees receiving pay who contracts with the state or any local government to provide construction services to submit an affidavit stating that such employer has a drug-free workplace program that complies with Title 50, Chapter 9, of the Tennessee Code Annotated.
3. The Company is in compliance with T.C.A. § 50-9-113.
Further affiant saith not.
____________________________________________
Principal Officer
STATE OF _____________________
COUNTY OF ___________________
Before me personally appeared ___________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the foregoing affidavit for the purposes therein contained.
Witness my hand and seal at office this ____________ day of ____________________, 20____.
________________________________________________
Notary Public
My commission expires:_______________________
