§ 22-9-5-24 — Alcohol and illegal use of drugs; prohibitions; requisites; testing

(a) A covered entity may do the following:
(1) Prohibit the illegal use of drugs and the use of alcohol at the
workplace by all employees.
(2) Require that employees shall not be under the influence of
alcohol or be engaging in the illegal use of drugs at the
workplace.
(3) Require that employees behave in conformance with the
requirements established under the Drug-Free Workplace Act of
1988 (41 U.S.C. 8101 et seq.).
(4) Hold an employee who engages in the illegal use of drugs or
who is an alcoholic to the same qualification standards for
employment or job performance and behavior that the entity holds
other employees, even if the unsatisfactory job performance or
behavior is related to the drug use or alcoholism of the employee.
(5) With respect to federal regulations regarding alcohol and the
illegal use of drugs, require that:
(A) employees comply with the standards established in the
regulations of the United States Department of Defense if the
employees of the covered entity are employed in an industry
subject to those regulations, including complying with
regulations, if any, that apply to employment in sensitive
positions in the industry, in the case of employees of the
covered entity who are employed in those positions (as defined
in the regulations of the United States Department of Defense);
(B) employees comply with the standards established in the
regulations of the United States Nuclear Regulatory
Commission if the employees of the covered entity are
employed in an industry subject to those regulations, including
complying with regulations, if any, that apply to employment in
sensitive positions in the industry, in the case of employees of
the covered entity who are employed in those positions (as
defined in the regulations of the United States Nuclear
Regulatory Commission); and
(C) employees comply with the standards established in the
regulations of the United States Department of Transportation
if the employees of the covered entity are employed in a
transportation industry subject to those regulations, including
complying with regulations, if any, that apply to employment in
sensitive positions in the industry, in the case of employees of
the covered entity who are employed in those positions (as
defined in the regulations of the United States Department of
Transportation).
(b) For purposes of this chapter, a test to determine the illegal use
of drugs shall not be considered a medical examination.
(c) Nothing in this chapter shall be construed to encourage, prohibit,
or authorize the conducting of drug testing for the illegal use of drugs
by job applicants or employees or making employment decisions based
on the test results.
(d) Nothing in this chapter shall be construed to encourage, prohibit,
restrict, or authorize the otherwise lawful exercise by entities subject
to the jurisdiction of the United States Department of Transportation of
authority to:
(1) test employees in, and applicants for, positions involving
safety sensitive duties for the illegal use of drugs and for on duty
impairment by alcohol; and
(2) remove those persons who test positive for illegal use of drugs
and on duty impairment by alcohol under subdivision (1) from
safety sensitive duties in implementing subsection (c).

Legislative History

As added by P.L.111-1992, SEC.4. Amended by P.L.7-2015, SEC.46.