VA Form 40-0895-8: Drug-Free Workplace Certification – Organizations applying for VA grants must comply with federal drug-free workplace rules. VA Form 40-0895-8 is the official certification document for grantees other than individuals. This form ensures applicants maintain a drug-free environment as required by the Drug-Free Workplace Act of 1988.
Updated in September 2023, this form remains current with OMB Number 2900-0559 (expiration October 31, 2026). It is primarily used for VA programs like State Veterans Cemetery Grants.
What Is VA Form 40-0895-8?
VA Form 40-0895-8 is titled Certification Regarding Drug-Free Workplace Requirements for Grantees Other Than Individuals. It requires organizations (such as state, tribal, or eligible county governments) to certify they will provide and maintain a drug-free workplace for grant-funded activities.
This certification is a material representation of fact. False statements or violations can lead to suspension of payments, termination of the grant, or debarment.
Why Is This Form Required?
The form implements the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701 et seq.). Federal regulations mandate that grantees receiving VA funds establish policies prohibiting illegal drug use in the workplace.
For VA grant programs, including Veterans Cemetery construction and maintenance, compliance with this form is mandatory before award. It applies to organizations, not individuals.
Key Requirements of the Drug-Free Workplace Certification
By signing VA Form 40-0895-8, the grantee certifies to all of the following:
- Publish a Statement: Notify employees that unlawful manufacture, distribution, dispensing, possession, or use of controlled substances is prohibited in the workplace. Specify actions against violators.
- Establish Awareness Program: Inform employees about:
- Dangers of drug abuse in the workplace
- The organization’s drug-free policy
- Available counseling, rehabilitation, and employee assistance programs
- Penalties for violations
- Distribute the Statement: Provide a copy to every employee working on the grant.
- Employee Obligations: Employees must abide by the policy and report any criminal drug convictions (workplace-related) within 5 days.
- Notify the Agency: Report convictions to VA within 10 days of receiving notice.
- Take Action: Within 30 days, either take personnel action (up to termination) or require participation in an approved rehabilitation program.
- Good Faith Effort: Continue implementing these measures throughout the grant period.
How to Fill Out VA Form 40-0895-8?
The form is straightforward and typically takes about 15 minutes:
- Identify the performance site(s) for the grant work (street address, city, county, state, ZIP code).
- Provide organization name and Federal Application Identifier (FAI) number.
- Include the name and title of the authorized representative.
- Sign and date the form (mm/dd/yyyy).
Download the official form here: Download VA Form 40-0895-8 (PDF) from VA.gov.
Who Needs to Submit This Form?
Non-individual grantees applying for VA grants, particularly:
- State governments
- Tribal organizations
- Eligible county governments
It is commonly required for State Veterans Cemetery Grants Program applications.
Consequences of Non-Compliance
Failure to maintain a drug-free workplace can result in:
- Suspension of grant payments
- Grant termination
- Government-wide suspension or debarment
Accurate certification and ongoing compliance protect your organization’s eligibility for current and future VA funding.
Related VA Forms and Resources
Other common forms in VA grant packages include:
- VA Form 40-0895-9 (Certification Regarding Lobbying)
- VA Form 40-0895-14 (Checklist of Major Requirements)
For full guidance, visit the official VA Form 40-0895-8 page.
Additional federal resources:
- SAMHSA Drug-Free Workplace Information
- VA Cemetery Grants Program guidelines on VA.gov
Best Practices for Maintaining a Drug-Free Workplace
Beyond certification, successful grantees should:
- Develop clear written policies
- Provide regular training and awareness programs
- Offer employee assistance resources
- Document all compliance efforts
- Consult legal counsel for policy development
These steps not only satisfy VA requirements but also promote a safer, more productive work environment.
Conclusion
VA Form 40-0895-8 is a critical compliance document for organizations seeking VA grants. Proper completion and adherence demonstrate commitment to a drug-free workplace and help secure funding for important veterans’ projects. Always use the latest version from the official VA website.