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House Journal: Page 836: Monday, March 20, 1995

16   prior to instituting a drug-free workplace program
17   under this section.  Also, an employer must provide
18   all employees with an annual education program on
19   alcohol and other drug abuse, in general, and its
20   effects on the workplace, specifically.  An education
21   program for a minimum of one hour should include, but
22   is not limited to, the following information:
23     a.  The explanation of the disease of addiction for
24   alcohol and other drugs.
25     b.  The effects and dangers of the commonly abused
26   substances in the workplace.
27     c.  The company's policies and procedures regarding
28   alcohol and other drug use or abuse in the workplace
29   and how employees who wish to obtain substance abuse
30   treatment can do so.
31     7.  In order to qualify for the provisions of
32   subsection 2, and in addition to the education program
33   provided in subsection 6, an employer must provide all
34   supervisory personnel a minimum of two hours of
35   training prior to the institution of a drug-free
36   workplace program under this section, and each year
37   thereafter, which should include, but is not limited
38   to, the following:
39     a.  Recognition of evidence of employee alcohol and
40   other drug abuse.
41     b.  Documentation and corroboration of employee
42   alcohol and other drug abuse.
43     c.  Referral of alcohol and other drug-abusing
44   employees to the proper treatment providers.
45     d.  Recognition of the benefits of referring
46   alcohol and other drug-abusing employees to treatment
47   programs, in terms of employee health and safety and
48   company savings.
49     e.  Explanation of any employee health insurance or
50   health maintenance organization coverage for alcohol
Page 7
 1   and other drug problems.
 2     8.  In order to qualify for the provisions of
 3   subsection 2:
 4     a.  All testing conducted by an employer shall be
 5   in conformity with the standards and procedures
 6   established in this section and all applicable rules
 7   adopted pursuant thereto.  This section does not
 8   establish a legal duty for employers to conduct drug
 9   tests of employees or job applicants.  However, if an
10   employer fails to maintain a drug-free workplace
11   program in accordance with the standards, procedures,
12   and rules established in or pursuant to this section,
13   the employer shall not qualify for protection from
14   litigation regarding certain legal claims for acting
15   in good faith on the results of a confirmed substance
16   abuse test, as provided in subsection 2.

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