employee who fails a drug test. The disciplinary measures
must include, at a minimum, all of the following:
(A) The employee is subject to suspension or immediate
termination from employment.
(B) The employee is not eligible for reinstatement to
employment until the employee tests negative on a five (5)
drug panel test certified by a medical review officer.
(C) The employee is subject to unscheduled sporadic
testing for not less than one (1) year after reinstatement to
employment.
(D) The employee successfully completes a rehabilitation
program recommended by a substance abuse professional
if the employee fails more than one (1) drug test.
(4) After June 30, 2009, a contractor's drug testing policy
must contain the additional requirement that a construction
employee:
(A) must have successfully passed an initial or
pre-employment drug test; and
(B) possess an identification card from the drug testing
program that indicates that the employee is available for
work;
before being eligible to work for the contractor. For a
contractor participating in a collectively bargained substance
abuse testing program, this requirement is satisfied if the
pre-employment drug test is conducted as a part of that
program.".
(Reference is to HB 1608 as printed February 9, 2007.)