SB 1222 - This act requires contractors to have a drug and alcohol testing program in place in order to work on school property. Employers may contract with a third-party to administer the program. With the submission of a bid, a contractor must provide a statement stipulating that the contractor and all subcontractors slated to work on the project have a testing policy in place.
Before employees are tested, the employer must provide the employee with a written policy statement explaining the employee's rights to challenge any positive result.
Employees shall not work on a project unless they test negative within twelve months of the start date of the project. After the project commences, the employer may require an employee to submit to reasonable suspicion testing if the employer has reason to believe that the employee is using drugs in violation of the employer's policies. Specific circumstances upon which an employer may infer drug use are provided. Employers are required to implement random drug testing in an objective, neutral, and nondiscriminatory manner. Particular types and levels of drugs for which the employee shall be tested are provided.
Employers must inform the employee of the nature and consequences of the test result and the employee may request a retest at a site amenable to the employee. The employee shall pay the cost of a retest but shall be reimbursed if the retest yields a negative result. Employers must compensate the employee for his or her time in taking the test.
Employees who refuse to be tested or who test positive shall not work on the project until the employee yields a negative result. Employees who test positive more than once shall be completely barred from working on the project. Employers who knowingly permit employees to work in violation of the testing policy shall be fined up to $200, imprisoned up to 6 months or both. Each day a violation persists constitutes a separate offense.
This act is similar to SB 492 (2005), SCS/SB 1149 (2006), and SB 622 (2007).
CHRIS HOGERTY