the random selection and use of controlled testing process; and substances and (v) a procedure that alcohol; requires the employer to the employer's • obtain a signed statement standards of conduct from each employee that that regulate the use confirms that the employee of controlled has received a written substances and description of the random alcohol; selection process. Random a description of • selection must be made by a available employee scientifically valid method, assistance programs; such as a random number a description of the • table or a computer-based discipline that the random number generator employer may table. impose on an employee if the (3) Follow-up Testing: employee is found to Employer may require an have violated the employee to submit to policy; follow-up tests if the identification of the • employee has had a verified types of controlled positive test. The follow-up substance and alcohol tests must be described in tests to be used; the employer's policy and a list of controlled • may be conducted for up to substances for which 1 year from the time that the employer intends the employer first requires a to test and a stated follow-up test. alcohol concentration level above which a (4) Reasonable suspicion: tested employee will An employee may be be disciplined; required to be tested if the a description of the • employer has reason to hiring policy with suspect that the employee's respect to prospective faculties are impaired on employees who test the job as a result of the use positive; of a controlled substance or the procedures that • alcohol consumption. will be followed to Supervisory training must conduct the testing be provided for at least 60 program, including minutes on alcohol misuse the resolution of a and an additional 60 dispute concerning minutes on controlled test results; substances use. The training a confidentiality • must include the physical, provision. behavioral, speech, and
the random selection and testing process; and (v) a procedure that requires the employer to obtain a signed statement from each employee that confirms that the employee has received a written description of the random selection process. Random selection must be made by a scientifically valid method, such as a random number table or a computer-based random number generator table. (3) Follow-up Testing: Employer may require an employee to submit to follow-up tests if the employee has had a verified positive test. The follow-up tests must be described in the employer's policy and may be conducted for up to 1 year from the time that the employer first requires a follow-up test. (4) Reasonable suspicion: An employee may be required to be tested if the employer has reason to suspect that the employee's faculties are impaired on the job as a result of the use of a controlled substance or alcohol consumption. Supervisory training must be provided for at least 60 minutes on alcohol misuse and an additional 60 minutes on controlled substances use. The training must include the physical, behavioral, speech, and use of controlled substances and alcohol; • the employer's standards of conduct that regulate the use of controlled substances and alcohol; • a description of available employee assistance programs; • a description of the discipline that the employer may impose on an employee if the employee is found to have violated the policy; • identification of the types of controlled substance and alcohol tests to be used; • a list of controlled substances for which the employer intends to test and a stated alcohol concentration level above which a tested employee will be disciplined; • a description of the hiring policy with respect to prospective employees who test positive; • the procedures that will be followed to conduct the testing program, including the resolution of a dispute concerning test results; • a confidentiality provision.
50-State-Survey-Drug-Alcohol-Testing-Laws-August-2015.docx