SF0098 - Drug and alcohol testing act.
2001 |
State of Wyoming |
01LSO-0380 |
SENATE FILE NO. SF0098
Drug and alcohol testing act.
Sponsored by: Senator(s) Goodenough
A BILL
for
1 AN ACT relating to drug
and alcohol testing; requiring a
2
qualified testing program to comply with specific criteria;
3 specifying
when an employer may perform a qualified drug or
4
alcohol test; and providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S.
27-15-101 through 27-15-104 are
9
created to read:
10
11 CHAPTER 15
12 DRUG AND ALCOHOL TESTING
13
14 27-15-101. Definitions.
15
16 (a) As used in this article:
17
Page 1
1 (i) "Alcohol"
means any substance containing any
2
form of alcohol, including but not limited to, ethanol,
3 methanol,
propanol and isopropanol;
4
5 (ii) "Alcohol concentration" means:
6
7 (A) The number
of grams of alcohol per one
8
hundred (100) milliliters of blood;
9
10 (B) The number
of grams of alcohol per two
11 hundred ten (210) liters of breath; or
12
13 (C) The number
of grams of alcohol per
14 seventy-five (75) milliliters of urine.
15
16 (iii) "Controlled
substance" means any drug or
17 substance defined by W.S. 35-7-1002(a)(iv);
18
19 (iv) "Employee"
means an individual engaged in
20 the performance, supervision or management
of work in a
21 hazardous work environment, security
position, position
22 affecting public safety or fiduciary
position for an
23 employer and does not include an independent
contractor;
24
Page 2
1 (v) "Employer"
means a person or entity that has
2 one
(1) or more employees and that is located in or doing
3
business in Wyoming;
4
5 (vi) "Medical
review officer" means a licensed
6
physician trained in the field of substance abuse;
7
8 (vii) "Prospective
employee" means an individual
9 who
has made a written or oral application to an employer
10 to become an employee;
11
12 (viii) "Qualified
testing program" means a
13 program to test for the presence of controlled
substances
14 and alcohol that meets the criteria set
forth in W.S.
15 27-15-102 and 27-15-103;
16
17 (ix) "Sample"
means a urine specimen or blood
18 specimen to determine the presence of a
controlled
19 substance or a breath alcohol test to
determine the
20 presence of alcohol.
21
22 27-15-102. Qualified testing program.
23
Page 3
1 (a) A qualified
testing program shall comply with the
2
following criteria:
3
4 (i) Testing
shall be conducted according to the
5
terms of written policies and procedures that are adopted
6 by
the employer and available for review by all employees
7
sixty (60) days before the terms are implemented or
8
changed. The procedures shall require:
9
10 (A) A
description of the applicable legal
11 sanctions under federal, state and local law
for the
12 unlawful manufacture, distribution,
possession or use of a
13 controlled substance;
14
15 (B) The
employer's program for regularly
16 educating or providing information to
employees on the
17 health and workplace safety risks associated
with the use
18 of controlled substances and alcohol;
19
20 (C) The
employer's standards of conduct
21 that regulate the use of controlled
substances and alcohol
22 by employees;
23
Page 4
1 (D) A
description of available employee
2
assistance programs, including drug and alcohol counseling,
3
treatment or rehabilitation programs that are available to
4
employees.
5
6 (ii) Identification
of the types of controlled
7
substance and alcohol tests to be used from the types of
8
tests listed in W.S. 25-15-104;
9
10 (iii) A list of
controlled substances for which
11 the employer intends to test and a stated
alcohol
12 concentration level above which a tested
employee must be
13 sanctioned;
14
15 (iv) A
description of the employer's hiring
16 policy with respect to prospective employees
who test
17 positive;
18
19 (v) A detailed
description of the procedures
20 that will be followed to conduct the testing
program,
21 including the resolution of a dispute
concerning test
22 results;
23
Page 5
1 (vi) A provision
that all information,
2
interviews, reports, statements, memoranda and test results
3 are
confidential communications that may not be disclosed
4 to
anyone except:
5
6 (A) The tested employee; or
7
8 (B) The
designated representative of the
9
employer.
10
11 (vii) A provision
that information obtained
12 through testing that is unrelated to the use
of a
13 controlled substance or alcohol shall be
held in strict
14 confidentiality by the medical review
officer and shall not
15 be released to the employer.
16
17 (b) Testing
shall be at the employer's expense, and
18 all employees shall be compensated at the
employee's
19 regular rate, including benefits, for time
attributable to
20 the testing program.
21
22 (c) The
collection, transportation and confirmation
23 testing of urine samples shall be performed
in accordance
24 with 49 C.F.R. § 40.
Page 6
1
2 (d) Before an
employer may take any action based on a
3
positive test result, the employer shall have the results
4
reviewed and certified by a medical review officer who is
5 trained
in the field of substance abuse. The employee or
6
prospective employee shall be given the opportunity to
7
provide notification to the medical review officer of any
8
medical information that is relevant to interpreting test
9
results, including information concerning currently or
10 recently used prescription or
nonprescription drugs.
11
12 (e) Breath
alcohol tests shall be administered by a
13 certified breath alcohol technician and
shall only be
14 conducted using testing equipment that
appears on the list
15 of conforming products published in the
federal register.
16
17 (f) A breath
alcohol test result shall indicate an
18 alcohol concentration of greater than four
one-hundredths
19 of one percent (0.04%) for a person to be
considered as
20 having alcohol in the person's body.
21
22 27-15-103. Qualified testing program;
allowable
23 types; procedures.
24
Page 7
1 (a) Each of the
following activities is permissible
2 in
the implementation of a qualified testing program:
3
4 (i) An employer
may test any prospective
5
employee as a condition of hire;
6
7 (ii) An employer
may use random testing if the
8
employer's controlled substance and alcohol policy includes
9 one
(1) or both of the following procedures:
10
11 (A) An employer
or an employer's
12 representative may establish a date when all
salaried and
13 wage-earning employees will be required to
undergo a
14 controlled substance or alcohol test or
both;
15
16 (B) An employer
may manage or contract with
17 a third party to establish and administer a
random testing
18 process that shall include:
19
20 (I) An
established calendar period for
21 testing;
22
23 (II) An
established testing rate
24 within the calendar period;
Page 8
1
2 (III) A random
selection process that
3
will determine who will be tested on any given date during
4 the
calendar period for testing;
5
6 (IV) All
supervisory and managerial
7
employees in the random selection and testing process; and
8
9 (V) A procedure
that requires the
10 employer to obtain a signed statement from
each employee
11 that confirms that the employee has received
a written
12 description of the random selection process
and that
13 requires the employer to maintain the
statement in the
14 employee's personnel file. The selection of
employees in a
15 random testing procedure shall be made by a
scientifically
16 valid method, such as a random number table
or a computer-
17 based random number generator table.
18
19 (iii) An employer
may require an employee to
20 submit to followup tests if the employee has
had a verified
21 positive test for a controlled substance or
for alcohol.
22 The followup tests shall be described in the
employer's
23 controlled substance and alcohol policy and
may be
Page 9
1
conducted for up to one (1) year from the time that the
2
employer first requires a followup test;
3
4 (iv) An employer
may require an employee to be
5
tested for controlled substances or alcohol if the employer
6 has
reason to suspect that an employee's faculties are
7
impaired on the job as a result of the use of a controlled
8
substance or alcohol consumption. An employer shall comply
9
with the supervisory training requirement in 49 C.F.R. §
10 382.603;
11
12 (v) An employer
may require an employee to be
13 tested for controlled substances or alcohol
if the employer
14 has reason to believe that the employee's
act or failure to
15 act is a direct or proximate cause of a work
related
16 accident that has caused death or personal
injury or
17 property damage in excess of one thousand
five hundred
18 dollars ($1,500.00);
19
20 27-15-104. Drug testing; enforcement.
21
22 Any
employer committing an act in violation of any
23 provision of W.S. 27-15-101 through
27-15-103, inclusive
24 may be enjoined by any court of
competent jurisdiction. An
Page 10
1 action for injunctive
relief under this subsection may be
2
brought by any aggrieved person or entity.
3
4 Section 2. This act is effective July 1, 2001.
5
6 (END)
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