(a)  One (1) time only prior to testing, a covered employer shall give all employees and job applicants for employment a written policy statement that contains: 

(1)  A general statement of the covered employer's policy on employee drug or alcohol use, which must identify: 

(A)  The types of drug or alcohol testing an employee or job applicant may be required to submit to, including reasonable-suspicion drug or alcohol testing or drug or alcohol testing conducted on any other basis; and 

(B)  The actions the covered employer may take against an employee or job applicant on the basis of a positive confirmed drug or alcohol test result; 

(2)  A statement advising the employee or job applicant of the existence of this section; 

(3)  A general statement concerning confidentiality; 

(4)  Procedures for employees and job applicants to confidentially report the use of prescription or nonprescription medications to a medical review officer after being tested, but only if the testing process has revealed a positive result for the presence of alcohol or drug use; 

(5)  The consequences of refusing to submit to a drug or alcohol test; 

(6)  A representative sampling of names, addresses and telephone numbers of employee assistance programs and local drug or alcohol rehabilitation programs; 

(7)  A statement that: 

(A)  An employee or job applicant who receives a positive confirmed test result may contest or explain the result to the medical  review officer within five (5) working days after receiving written notification of the test result; 

(B)  If an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the covered employer; and 

(C)  A person may contest the drug or alcohol test result pursuant to rules adopted by the Workers' Health and Safety Division of the Workers' Compensation Commission; 

(8)  A statement informing the employee or job applicant of the employee's responsibility to notify the laboratory of any administrative or civil action brought pursuant to this section; 

(9)  A list of all drug classes for which the employer may test; 

(10)  A statement regarding any applicable collective bargaining agreement or contract and any right to appeal to the applicable court; 

(11)  A statement notifying employees and job applicants of their right to consult with a medical review officer for technical information regarding prescription or nonprescription medication; and 

(12)  A statement complying with the requirements for notice under § 11-14-101. 

(b)  A covered employer shall ensure that at least sixty (60) days elapse between a general one-time notice to all employees that a drug-free workplace program is being implemented and the effective date of the program. 

(c)  A covered employer shall include notice of drug and alcohol testing on vacancy announcements for positions for which drug or alcohol testing is required. A notice of the covered employer's drug and alcohol testing policy must also be posted in an appropriate and conspicuous location on the covered employer's premises, and copies of the policy must be made available for inspection by the employees or job applicants of the covered employer during regular business hours in the covered employer's personnel office or other suitable locations. 

(d)  Subject to any applicable provisions of a collective bargaining agreement or any applicable labor law, a covered employer may rescind its coverage under this chapter by posting a written and dated notice in an appropriate and conspicuous location on its premises. The notice shall state that the policy will no longer be conducted pursuant to this chapter. The employer shall also provide sixty (60) days' written notice to the employer's workers' compensation insurer of the rescission. As to employees and job applicants, the rescission shall become effective no earlier than sixty (60) days after the date of the posted notice. 

(e)  The Director of the Workers' Health and Safety Division of the Workers' Compensation Commission shall develop a model notice and policy for drug-free workplace programs. 

History. Acts 1999, No. 1552, § 5; 2001, No. 1757, § 11.