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House Journal: Page 478: Wednesday, March 4, 1998

16   Act, 21 U.S.C. "/g" 801 et seq.
17     c.  "Employee" means a person in the service of an
18   employer in this state and includes the employer, and
19   any chief executive officer, president, vice
20   president, supervisor, manager, and officer of the
21   employer who is actively involved in the day-to-day
22   operations of the business.
23     d.  "Employer" means a person, firm, company,
24   corporation, labor organization, or employment agency,
25   which has one or more full-time employees employed in
26   the same business, or in or about the same
27   establishment, under any contract of hire, express or
28   implied, oral or written, in this state.  "Employer"
29   does not include the state, a political subdivision of
30   the state, including a city, county, or school
31   district, the United States, the United States postal
32   service, or a Native-American tribe.
33     e.  "Good faith" means reasonable reliance on
34   facts, or that which is held out to be factual,
35   without the intent to be deceived, and without
36   reckless, malicious, or negligent disregard for the
37   truth.
38     f.  "Medical review officer" means a licensed
39   physician, osteopathic physician, chiropractor, nurse
40   practitioner, or physician assistant authorized to
41   practice in any state of the United States, who is
42   responsible for receiving laboratory results generated
43   by an employer's drug or alcohol testing program, and
44   who has knowledge of substance abuse disorders and has
45   appropriate medical training to interpret and evaluate
46   an individual's confirmed positive test result
47   together with the individual's medical history and any
48   other relevant biomedical information.
49     g.  "Prospective employee" means a person who has
50   made application, whether written or oral, to an

Page 2  

 1   employer to become an employee.
 2     h.  "Reasonable suspicion drug or alcohol testing"
 3   means drug or alcohol testing based upon evidence that
 4   an employee is using or has used alcohol or other
 5   drugs in violation of the employer's written policy
 6   drawn from specific objective and articulable facts
 7   and reasonable inferences drawn from those facts in
 8   light of experience.  For purposes of this paragraph,
 9   facts and inferences may be based upon, but not
10   limited to, any of the following:
11     (1)  Observable phenomena while at work such as
12   direct observation of alcohol or drug use or abuse or
13   of the physical symptoms or manifestations of being
14   impaired due to alcohol or other drug use.
15     (2)  Abnormal conduct or erratic behavior while at

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