§ 4-13-18-6 — Employee drug testing program requirements

(a) A contractor's employee drug testing
program must satisfy all of the following:
(1) Each of the contractor's employees must be subject to a drug
test at least one (1) time each year.
(2) Subject to subdivision (1), the contractor's employees must be
tested randomly. At least two percent (2%) of the contractor's
employees must be randomly selected each month for testing.
(3) 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.
(4) The program must impose progressive discipline on an
employee who fails a drug test. The discipline must have at least
the following progression:
(A) After the first positive test, an employee must be:
(i) suspended from work for thirty (30) days;
(ii) directed to a program of treatment or rehabilitation; and
(iii) subject to unannounced drug testing for one (1) year,
beginning the day the employee returns to work.
(B) After a second positive test, an employee must be:
(i) suspended from work for ninety (90) days;
(ii) directed to a program of treatment or rehabilitation; and
(iii) subject to unannounced drug testing for one (1) year,
beginning the day the employee returns to work.
(C) After a third or subsequent positive test, an employee must
be:
(i) suspended from work for one (1) year;
(ii) directed to a program of treatment or rehabilitation; and
(iii) subject to unannounced drug testing for one (1) year,
beginning the day the employee returns to work.
The program may require dismissal of the employee after any
positive drug test or other discipline more severe than is described
in this subdivision.
(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.

Legislative History

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