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House Journal: Page 834: Monday, March 20, 1995

14     (4)  Supervisor training in accordance with
15   subsection 7.
16     (5)  Substance abuse testing as provided in
17   subsection 8.
18     b.  In addition to the requirements of paragraph
19   "a" of this subsection, a comprehensive drug-free
20   workplace program must be implemented in compliance
21   with the confidentiality standards provided in
22   subsection 9.
23     4.  A drug-free workplace must provide a written
24   policy statement on substance abuse, including
25   testing.
26     a.  At least one time, prior to testing, and each
27   year thereafter, all employees and job applicants for
28   employment must be given a notice of testing.  In
29   addition, all employees must be given a written policy
30   statement from the employer that contains:
31     (1)  A general statement of the employer's policy
32   on substance abuse, including testing, that shall do
33   all of the following:
34     (a)  Notify employees that the unlawful
35   manufacture, sale, distribution, possession, or use of
36   alcohol or other drugs is prohibited in the person's
37   workplace.
38     (b)  Identify the types of testing to which an
39   employee or job applicant may be required to submit,
40   including the basis used to determine when such
41   testing will be required.
42     (c)  Identify the actions the employer may take
43   against an employee or job applicant on the basis of a
44   positive confirmed test result.
45     (2)  A statement advising an employee or job
46   applicant of the existence of this section.
47     (3)  A general statement concerning
48   confidentiality.
49     (4)  A statement advising the employee of the
50   consequences of a refusal to submit to a substance
Page 5
 1   abuse test.
 2     (5)  A statement advising an employee of the
 3   employee assistance program, external employee
 4   assistance program, or the employer's resource file of
 5   employee assistance programs and other persons,
 6   entities, or organizations designed to assist
 7   employees with personal or behavioral problems.
 8     (6)  A statement that an employee or job applicant
 9   who receives a positive confirmed test result may
10   contest or explain the result to the employer within
11   seven working days after written notification of the
12   positive test result.
13     (7)  A statement informing an employee of the
14   provisions of the federal Drug-Free Workplace Act, if

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