23-493.04. Testing policy requirements

A. Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy that has been distributed to every employee subject to testing or that has been made available to employees in the same manner as the employer informs its employees of other personnel practices, including inclusion in a personnel handbook or manual or posting in a place accessible to employees. The employer shall inform prospective employees that they must undergo drug testing. The written policy shall include at least the following:

1. A statement of the employer's policy respecting drug and alcohol use by employees.

2. A description of those employees or prospective employees who are subject to testing.

3. The circumstances under which testing may be required.

4. The substances as to which testing may be required.

5. A description of the testing methods and collection procedures to be used.

6. The consequences of a refusal to participate in the testing.

7. Any adverse personnel action that may be taken based on the testing procedure or results.

8. The right of an employee, on request, to obtain the written test results.

9. The right of an employee, on request, to explain in a confidential setting, a positive test result.

10. A statement of the employer's policy regarding the confidentiality of the test results.

B. Within the terms of the written policy, an employer may require the collection and testing of samples for any job-related purposes consistent with business necessity including:

1. Investigation of possible individual employee impairment.

2. Investigation of accidents in the workplace. Employees may be required to undergo drug testing or alcohol impairment testing for accidents if the test is taken as soon as practicable after an accident and the test is administered to employees who the employer reasonably believes may have contributed to the accident.

3. Maintenance of safety for employees, customers, clients or the public at large.

4. Maintenance of productivity, quality of products or services or security of property or information.

5. Reasonable suspicion that an employee may be affected by the use of drugs or alcohol and that the use may adversely affect the job performance or the work environment.

C. In addition to the provisions of subsection B, employees or groups of employees may be required to undergo drug testing on a random or chance basis.

D. If an employer institutes a policy of drug testing or alcohol impairment testing under this article, all compensated employees including officers, directors and supervisors shall be uniformly included in the testing policy.

E. Nothing in this article shall be construed to encourage, discourage, restrict, limit, prohibit or require on-site drug testing or alcohol impairment testing.