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House Journal: Page 835: Monday, March 20, 1995

15   applicable to the employer.
16     b.  An employer not having a substance abuse
17   testing program shall ensure that at least sixty
18   calendar days elapse between a general notice to all
19   employees that a substance abuse testing program is
20   being implemented and the beginning of the actual
21   testing.  An employer having a substance abuse testing
22   program in place prior to the enactment of this
23   legislation shall not be required to provide a sixty-
24   day notice period.
25     c.  An employer shall include notice of substance
26   abuse testing on vacancy announcements for those
27   positions for which testing is required.  Notices of
28   the employer's substance abuse testing policy must
29   also be posted in appropriate and conspicuous
30   locations on the employer's premises, and copies of
31   the policy must be made available for inspection by
32   the employees or job applicants of the employer during
33   regular business hours in the employer's personnel
34   office or other suitable locations.
35     5.  In order for an employer's workplace to qualify
36   for the provisions of subsection 2, the following must
37   be met:
38     a.  If an employer has an employee assistance
39   program, the employer must inform the employee of the
40   benefits and services of the employee assistance
41   program.  An employer shall post notice of the
42   employee assistance program in conspicuous places and
43   explore alternative routine and reinforcing means of
44   publicizing such services.  In addition, the employer
45   must provide the employee with notice of the policies
46   and procedures regarding access to and utilization of
47   the program.
48     b.  If an employer does not have an employee
49   assistance program, the employer must maintain a
50   resource file of employee assistance services
Page 6
 1   providers, alcohol and other drug abuse programs
 2   certified by the department of public health, mental
 3   health providers, and other persons, entities, or
 4   organizations available to assist employees with
 5   personal or behavioral problems.  The employer shall
 6   provide all employees information about the existence
 7   of the resource file and a summary of the information
 8   contained within the resource file.  The summary
 9   should contain, but need not be limited to, all
10   information necessary to access the services listed in
11   the resource file.  In addition, the employer shall
12   post in conspicuous places a listing of multiple
13   employee assistance providers in the area.
14     6.  An employer must provide all employees with an
15   education program on alcohol and other drug abuse

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