§ 4-13-18-5 — Employee drug testing plan required in bid; collective bargaining agreements

Indiana § 4-13-18-5

• Jurisdiction: Indiana
• Art. 13: ADMINISTRATIVE MANAGEMENT OF STATE
• Ch. 18: Drug Testing of Employees of Public Works

Text

(a) A solicitation for a public works contract
must require each contractor that submits a bid for the work to submit
with the bid a written plan for a program to test the contractor's
employees for drugs.
(b) A public works contract may not be awarded to a contractor
whose bid does not include 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
shall be treated as having an employee drug testing program that
complies with this chapter if the collective bargaining agreement
establishes an employee drug testing program that includes the
following:
(1) The program provides for the random testing of the
contractor's employees.
(2) The program contains a five (5) drug panel that tests for the
substances identified in section 6(a)(3) of this chapter.
(3) The program imposes disciplinary measures on an employee
who fails a drug test. The disciplinary measures must include at
a minimum, all the following:
(A) The employee is subject to suspension or immediate
termination.
(B) The employee is not eligible for reinstatement 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
at least one (1) year after reinstatement.
(D) The employee successfully completes a rehabilitation
program recommended by a substance abuse professional if the
employee fails more than one (1) drug test.
A copy of the relevant part of the collective bargaining agreement
constitutes a written plan under this section.

Legislative History

As added by P.L.160-2006, SEC.2.