House Bill 1608

    January 23, 2007, read first time and referred to Committee on Labor and Employment.
    February 8, 2007, amended, reported _ Do Pass.
    February 15, 2007, read second time, amended, ordered engrossed.

Reprinted

February 16, 2007

First Regular Session 115th General Assembly (2007)

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HOUSE BILL No. 1608

A BILL FOR AN ACT to amend the Indiana Code concerning state offices and administration.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 5-16-12; (07)HB1608.2.1. -->     SECTION 1. IC 5-16-12 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 12. Drug Testing of Employees of Public Works Contractors
    Sec. 1. (a) This chapter applies only to a public works contract awarded after June 30, 2007.
    (b) This chapter does not apply to a public works contract when the estimated cost of the public works project is less than one hundred fifty thousand dollars ($150,000).
    (c) This chapter does not apply to a person who is subject to drug testing requirements under IC 8-2.1-24-18.
    Sec. 2. A public works contract awarded before July 1, 2007, that complied with IC 4-13-18 (before its repeal), is considered to comply with this chapter.
    Sec. 3. As used in this chapter, "bid" includes a quotation.
    Sec. 4. (a) As used in this chapter, "contractor" refers to a

person that:
        (1) submits a bid to do work under a public works contract; or
        (2) does any work under a public works contract.
    (b) The term includes a subcontractor of a contractor.
    Sec. 5. As used in this chapter, "employee" means a person who is employed by a contractor at the worksite of a public works project.
    Sec. 6. As used in this chapter, "public money" means any money raised by fees, taxes, or special assessments imposed by an entity created by statute.
    Sec. 7. As used in this chapter, "public works contract" refers to a contract to perform a public works project.
    Sec. 8. (a) As used in this chapter, "public works project" means the construction, reconstruction, alteration, or renovation of a public building, facility, or other structure that is paid for, in whole or in part, from public money.
    (b) The term includes any of the following:
        (1) The construction, alteration, or repair of:
            (A) a highway, street, alley, bridge, sewer, drain, or other improvement; or
            (B) a building, facility, or other structure leased by an entity created by statute under a lease containing an option to purchase.
        (2) A project covered by any of the following:
            (A) IC 4-13.6.
            (B) IC 5-16.
            (C) IC 5-23.
            (D) IC 8-23-9.
            (E) IC 36-1-12.
    Sec. 9. (a) A solicitation for a public works contract must require each contractor that submits a bid for the work to submit with the bid:
         (1) a statement that the contractor has an existing drug testing program that complies with this chapter; or
        (2) a statement that the contractor's drug testing program has been prequalified under subsection (d).
    (b) A public works contract may not be awarded to a contractor that:
        (1) is not prequalified under subsection (d); or
        (2) that does not submit within three (3) days after the bid opening a written plan for an employee drug testing program

that complies with this chapter.
    (c) A contractor that is subject to a collective bargaining agreement complies with this chapter if the collectively bargained employee drug testing program satisfies the requirements listed in section 10 of this chapter. A copy of the relevant part of the collective bargaining agreement constitutes a written plan under this section. The contractor may use the employee drug testing program included in the collective bargaining agreement to test its own employees who are not members of the collective bargaining unit.
    (d) An agency that has a prequalification process for contractors must require a contractor seeking a certificate of qualification to demonstrate that the contractor maintains an employee drug testing program that complies with this chapter.
    Sec. 10. (a) A contractor's employee drug testing policy must satisfy all of the following:
        (1) The contractor's employees must be randomly selected for unannounced testing. All employees must be included in the pool from which names randomly are selected for unannounced drug tests. A contractor must either:
            (A) test not less than two percent (2%) of the contractor's employees each month; or
            (B) participate in a collectively bargained multi-employer substance abuse testing program in which the number of random drug tests administered each year totals not less than twenty-five percent (25%) of the reported employees in the multi-employer pool.
        (2) The program must contain at least a five (5) drug panel that tests for the following:
            (A) Amphetamines.
            (B) Cocaine.
            (C) Opiates (2000 ng/ml).
            (D) PCP.
            (E) THC.
        (3) The program imposes disciplinary measures on an 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.
    (b) An employer complies with the requirement of subsection (a) to direct an employee to a program of treatment or rehabilitation if the employer does either of the following:
        (1) Advises the employee of any program of treatment or rehabilitation covered by insurance provided by the employer.
        (2) If the employer does not provide insurance that covers drug treatment or rehabilitation programs, the employer advises the employee of agencies known to the employer that provide drug treatment or rehabilitation programs.
    Sec. 11. (a) The public works contract must provide for the following:
        (1) That the contractor implement the employee drug testing program described in the contractor's plan.
        (2) Cancellation of the contract by the agency awarding the contract if the contractor:
            (A) fails to implement its employee drug testing program during the term of the contract;
            (B) fails to provide information regarding implementation of the contractor's employee drug testing program at the request of the agency; or
            (C) provides to the agency false information regarding the contractor's employee drug testing program.
    (b) The provisions of the public works contract relating to cancellation of the contract by the agency awarding the contract apply to cancellation of the public works contract under this section.